PAYMENT OF BENEFITS

Memphis Code of Ordinances tit. 4, ch. 4-16

in effect

Memphis Code of Ordinances § 4-16-1 Pensions for surviving spouses not covered by chapters 4-24 and 4-28.

Sec. 4-16-1. - Pensions for surviving spouses not covered by chapters 4-24 and 4-28. A. General rule. The surviving spouse of either: 1. Anyone employed by the city for 30 or more years, but not eligible for any benefits under chapter 4-24 or 4-28; or 2. Anyone not eligible for any benefits under chapter 4-24 or 4-28, but who is or was at the time of his or her death receiving pension payments under authority of the board established pursuant to section 73 et seq., or section 87 et seq., of the Charter of the city or is or was at the time of his or her death receiving a gratuity payment, shall be paid a pension as provided in this section. B. Eligibility. To qualify for the pension under this section, an individual must have been the lawful spouse of an employee or former employee of the city as described in subsection A of this section for an unbroken period of at least eight years ending with the date of such employee's death and must survive such employee. C. Pension amount. Each surviving spouse qualifying for a pension under this section shall be paid monthly either: 1. An amount equal to 50 percent of the last regular monthly salary of the deceased employee described in subsection (A)(1) of this section; or 2. The same monthly pension or gratuity payments the deceased employee described in subsection (A)(2) of this section received during his or her lifetime, until the earlier of the surviving spouse's death or remarriage. (Code 1985, § 25-40; Ord. No. 3907, § 1, 12-5-1989)

Memphis Code of Ordinances § 4-16-2 Mentally or legally incompetent recipients.

Sec. 4-16-2. - Mentally or legally incompetent recipients. The board, in its sole, absolute and uncontrolled discretion, may direct the comptroller, and the comptroller shall follow such direction, to make benefit payments directly to the legal guardian of a legally incompetent or otherwise disabled person (whether because of minority or mental or physical disability), or to a court-appointed committee acting on behalf of such person. The receipt of such guardian, committee, relative or other custodian shall be a complete discharge to the comptroller, the city, and the board, without any responsibility on the part of the comptroller, the city, or the board, to see to the application of such distribution. (Code 1985, § 25-41; Ord. No. 3907, § 1, 12-5-1989)

Memphis Code of Ordinances § 4-16-3 Required distributions.

Sec. 4-16-3. - Required distributions. A. Distribution rule. Notwithstanding any provision to the contrary elsewhere in this title, either: 1. Distribution of the entire interest of each participant shall begin not later than April 1 of the calendar year following the later of the calendar year in which he or she attains age 70½, or the calendar year in which he or she retires; or 2. If such participant and his or her surviving spouse die before distribution of his or her interest under this plan commences, his or her entire interest shall be distributed not later than five years after such later death; provided: a. If any portion of such interest is to be distributed to his or her spouse or his or her surviving children, such distribution will commence within one year of the participant's death and will be made in level payments over a period not greater than such spouse's or children life or life expectancy; and b. If such benefit recipient is the participant's spouse, distribution shall take place as provided in subsection (A)(2)(a) of this section, but is not required to begin before the date such participant would have attained age 70½. B. Distributions to children. For purposes of this section, any amounts paid to a child of the participant will be treated as paid to the participant's surviving spouse, if such amounts become payable to such spouse when such child reaches majority (or upon any other designated event permitted by the Secretary of the Treasury in regulations). C. Distribution after death. If a participant dies after his or her annuity commencement date, but before his or her entire benefit has been paid, the remainder of his or her benefit shall be paid to his or her spouse or surviving children or any named beneficiary, if any, at least as rapidly as the method of payment used as of the participant's death. (Code 1985, § 25-42; Ord. No. 3907, § 1, 12-5-1989)

Memphis Code of Ordinances § 4-16-4 Erroneous statements in claim for benefits.

Sec. 4-16-4. - Erroneous statements in claim for benefits. If a participant in any benefit claim or response to the board makes any statement which is erroneous or omits any material facts or fails, before receiving his or her first payment, to correct any information that he or she previously furnished to the board for its records, the amount of his or her benefit shall be adjusted on the basis of the facts, and the amount of any overpayment previously made to such participant shall be deducted from his or her next succeeding payments as the board shall direct. (Code 1985, § 25-43; Ord. No. 3907, § 1, 12-5-1989)

Memphis Code of Ordinances § 4-16-5 Claims for benefit.

Sec. 4-16-5. - Claims for benefit. Notwithstanding any other provision within this title, no benefit shall be required to be paid until a properly completed claims form is filed with the board for such benefit. All claims shall be processed in accordance with the rules and regulations established by the board pursuant to section 4-8-8. Any payment to a participant or his or her spouse or child, or to the legal representative or heirs-at-law of any of them, made in accordance with the provisions of this title shall be to the extent of such payment n full satisfaction of all claims under this title against the comptroller, the board, or the city, any of whom may require such person, his or her legal representative, or his or her heirs-at-law, as a condition precedent to such payment, to execute a receipt and release for such payment in such form as shall be determined by the comptroller, the board, or the city, as the case may be. (Code 1985, § 25-44; Ord. No. 3907, § 1, 12-5-1989)

Memphis Code of Ordinances § 4-16-6 Spendthrift clause.

Sec. 4-16-6. - Spendthrift clause. Except as otherwise provided by law, no benefit, payment or distribution under this title shall be subject either to the claim of any creditor of a participant, spouse or child, or to attachment, garnishment, levy (other than a federal tax levy under code section 6331), execution or other legal or equitable process, by any creditor of such person, and no such person shall have any right to alienate, commute, anticipate, or assign (either at law or equity) all or any portion of any benefit payment or distribution under this title. (Code 1985, § 25-45; Ord. No. 3907, § 1, 12-5-1989)

Memphis Code of Ordinances § 4-16-7 Benefits supported only by trust fund.

Sec. 4-16-7. - Benefits supported only by trust fund. Any person who claims any benefit under this title shall look solely to the assets of the trust fund established under section 4-12-1 for satisfaction. 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 under this title. (Code 1985, § 25-46; Ord. No. 3907, § 1, 12-5-1989)

Memphis Code of Ordinances § 4-16-8 Pensions previously granted.

Sec. 4-16-8. - Pensions previously granted. Any pension being paid by the city as of January 1, 1990, to a former employee of the city, other than under the 1948 plan or the 1978 plan, whether under another city ordinance or otherwise, shall be administered under this title without change in amount or conditions of payment so long as the adoption of this title does not in any way change or modify the law, ordinances, terms or conditions under which the pension was granted. (Code 1985, § 25-47; Ord. No. 3907, § 1, 12-5-1989)

Memphis Code of Ordinances § 4-16-9 Disqualified participants.

Sec. 4-16-9. - Disqualified participants. Any participant who is convicted in any state or federal court of a felony arising out of the participant's employment or official capacity with the city constituting malfeasance in office shall forfeit the participant's retirement pension benefits hereunder. Such participant's rights shall be governed by T.C.A. § 8-36-918, as amended, and any successor statute thereto. (Ord. No. 5873, § 5, 7-11-2023)

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_CH4-16PABEFetched: 10/28/2026