GENERAL PROVISIONS

Memphis Code of Ordinances tit. 4, ch. 4-34, art. 8

in effect

Memphis Code of Ordinances § 4-34-62 Amendments.

Sec. 4-34-62. - Amendments. Pursuant to T.C.A. § 9-3-506, as amended from time to time, the city reserves the right to freeze, suspend or modify benefits, employee contributions, plan terms and design on a prospective basis provided that any accrued benefits earned prior to any adjustment shall remain an enforceable right unless the participant is subject to forfeiture of benefits upon termination of service as provided in this plan. (Ord. No. 5573, § III, 12-16-2014)

Memphis Code of Ordinances § 4-34-63 No duplication of benefits.

Sec. 4-34-63. - No duplication of benefits. Notwithstanding any provision of this plan which may be construed to the contrary, a participant shall not be entitled to two separate benefits under the plan which are attributable to the same period of employment. Accordingly, if a separate benefit under the plan is payable to or in respect of the same participant based upon the same period of employment as the benefits previous paid, the benefit currently payable shall be reduced to reflect the actuarial equivalence of the benefits previously paid. (Ord. No. 5573, § III, 12-16-2014)

Memphis Code of Ordinances § 4-34-64 Payments solely from plan assets.

Sec. 4-34-64. - Payments solely from plan assets. Payments of benefits as provided in this 2016 plan shall be made solely from plan assets held under the trust agreement and in no event will the comptroller, the board, the city, the council, or any employee of the city be liable in their individual capacities to any person for the payment of benefits hereunder. (Ord. No. 5573, § III, 12-16-2014)

Memphis Code of Ordinances § 4-34-65 Prohibition on assignment.

Sec. 4-34-65. - Prohibition on assignment. Except as otherwise provided by law, no benefit payable under this plan shall be subject to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, charge, attachment, garnishment, execution, or levy of any kind or any other process of law, voluntary or involuntary. Any attempt to so dispose of any rights to benefits payable hereunder shall be void, unless otherwise authorized by applicable law. Neither the plan nor trust shall be liable for or subject to the debts, contracts, liabilities, engagements or torts of any person entitled to benefits hereunder. Unless otherwise provided by applicable law, effective July 1, 2015, the restrictions on transfers of benefits as described in this section shall not apply to the creation, assignment, or recognition of a right to any benefit payable with respect to a participant pursuant to a "qualified domestic relations order" defined in Internal Revenue Code Section 414(p) and as provided in T.C.A. § 26-2-105, as amended. The board shall establish a written procedure to determine the qualified status of domestic relations orders and to administer distributions under such qualified orders. For the purposes of this section "qualified domestic relations order" shall have the meaning set forth under Code Section 414(p). (Ord. No. 5573, § III, 12-16-2014; Ord. No. 5763, § 1(25-273), 12-15-2020)

Memphis Code of Ordinances § 4-34-66 Severability.

Sec. 4-34-66. - Severability. If any provisions of this plan are for any reason declared invalid or not enforceable under either federal or Tennessee law, such provisions will not affect the remaining terms and conditions, but the plan will be construed and enforced thereafter as if such provision had not been inserted. (Ord. No. 5573, § III, 12-16-2014)

Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT4PERESY_CH4-342016CABAPLDECOPL_ART8GEPRFetched: 10/28/2026