§ 33-127. Miscellaneous.

(a) Exemption from Execution, Garnishment, or Attachment.

(1) The right of a participant in that participant's account balances or any other right or benefit under this Division are not subject to execution, garnishment, attachment, or any other process, and are not assignable.

(2) Notwithstanding the foregoing, a portion or all of a participant's account balances may be paid to an alternate payee pursuant to a qualified domestic relations order under the Internal Revenue Code. The Chief Administrative Officer must establish forms and procedures to determine the qualified status of domestic relations orders and must determine the form and timing of distributions permissible under such qualified orders.

(b) Protection Against Fraud. Any person who knowingly makes any false statement or falsifies or permits to be falsified any record of the retirement savings plan in any attempt to defraud the retirement savings plan is subject to punishment for a class A violation.

(c) Error in records. If any change or error in the records results in any participant or beneficiary receiving from the retirement savings plan more or less than the participant or beneficiary is entitled to receive had the records been correct, the error must be corrected, and as far as practicable, the payment must be adjusted in such manner that the amount of the benefit to which that participant or beneficiary was correctly entitled will be paid. If any participant or beneficiary has received any payment from the retirement savings plan to which the participant or beneficiary is not entitled, the participant or beneficiary must refund that amount to the retirement savings plan.

(d) Lost Participants. If the Chief Administrative Officer is unable to locate a former participant or a beneficiary following a former participant's death or attainment of normal retirement age, the Chief Administrative Officer must take reasonable steps to locate the former participant or beneficiary, including using the resources available through the Federal Social Security Administration and the Internal Revenue Service. If the Chief Administrative Officer is unable to locate the former participant or beneficiary after making reasonable efforts, the Chief Administrative Officer must, after 5 plan years have passed, distribute the former participant's or beneficiary's account balances to the State. If the former participant or beneficiary returns, satisfactorily proves the participant's or beneficiary's identity, and requests the account balances after the money has escheated to the State, the County Government must make a contribution to the retirement savings plan and pay the participant or beneficiary the account balances to which the participant or beneficiary is entitled.

(e) Transfer of assets between trust funds of the retirement system. To the extent permitted by the Internal Revenue Code and applicable guidance under the Internal Revenue Code, the County may transfer assets of the retirement system relating to an account or accrued benefit of a participant in trust-to-trust transfers between the trusts of the Employees' Retirement System and the Retirement Savings Plan to correct operational failures relating to such accounts or accrued benefits.

(f) Exclusive Benefit. The Retirement Savings Plan Trust Fund must be held for the exclusive purpose of providing benefits to participants and beneficiaries and defraying reasonable expenses of administering the plan, and except as otherwise provided under the Internal Revenue Code, no part of the trust fund shall ever enure to the benefit of the County. (1994 L.M.C., ch. 13, § 2; , § 1.)