(a)
The
city council, on behalf of the city, hereby exercises its option and
elects to have the city and all of the employees of all departments
now existing and those hereafter created, except those employees of
the fire department who are included in or who are eligible to be
included in membership in firemen’s relief and retirement fund
of the city, participate in the Texas Municipal Retirement System
as provided in the TMRS Act, and all of the benefits and obligations
of such system are hereby accepted as to such employees.
(b)
The
mayor is hereby directed to notify the board of trustees of the Texas
Municipal Retirement System that the city has elected to participate
and have the employees of the city covered in said system.
(c)
Each
person who becomes an employee of any participating department on
or after the effective date of participation of such department shall
become a member of the Texas Municipal Retirement System as a condition
of his employment.
(d)
In
accordance with the provisions of the statute, the deposits to be
made to the Texas Municipal Retirement System on account of current
service of the employees of the several participating departments
are hereby fixed at the rate of five percent (5%) of the full earnings
of each employee of said departments.
(e)
Each
employee who qualifies for such credit shall be allowed “prior
service credit” (as defined in subsection 6(b) of section VI
of the TMRS Act) at the rate of one hundred percent (100%) of the
“base prior service credit” of such member, calculated
in the manner prescribed in said act.
(f)
For
each month of current service rendered to this city by each of its
employees who are members of Texas Municipal Retirement System, the
city will contribute to the current service annuity reserve of each
such member at the time of his retirement, a sum that is two hundred
percent (200%) of such member’s accumulated deposits for such
month of employment, and said sum shall be contributed from the city’s
account in the municipality current service accumulation fund.
(g)
The
city secretary is hereby directed to remit to the board of trustees
of the Texas Municipal Retirement System, at its office in Austin,
Texas, the city’s contributions to the system and the amounts
which shall be deducted from the compensation or payroll of employees,
all as required by said board under the provisions of the TMRS Act,
and said official is hereby authorized and directed to ascertain and
certify officially on behalf of the city the prior service rendered
to the municipality by each of the employees of the participating
departments, and the average prior service compensation received by
each, and to make and execute all prior service certifications and
all other reports and certifications which may be required of the
city under the provisions of the TMRS Act, or in compliance with the
rules and regulations of the board of trustees of the Texas Municipal
Retirement System.
(h)
Participation
of the above-mentioned employees in the Texas Municipal Retirement
System shall become effective on October 1, 1981.
(1976 Code, sec. 1-121; 2001 Code,
sec. 9.501)
(a)
The
city, by its city council, hereby elects to have the employees of
all participating departments of the city (as above defined) participate
in and be covered by the supplemental benefits fund of the Texas Municipal
Retirement System, as provided by chapter 312, Acts Regular Session,
56th Legislature, and all the benefits and obligations of participation
in said fund are hereby accepted by the city as to such employees.
(b)
The
mayor is hereby directed to notify the board of trustees of the Texas
Municipal Retirement System that the city has elected to participate
and have the employees of the above-mentioned departments participate
in the supplemental benefits fund of said system.
(c)
Each
person who becomes an employee of any participating department on
or after the effective date of participation of such department in
said fund shall, as a condition of his employment, be covered into
the supplemental benefits fund of said system. The city may in the
future refuse to add new departments or new employees to said fund,
but shall never discontinue as to any members who are covered into
the fund.
(d)
The
city secretary is hereby directed to remit monthly to the board of
trustees of the Texas Municipal Retirement System at its office in
Austin, Texas, as the city’s contributions to the supplemental
benefits fund of the Texas Municipal Retirement System, such percentage
of earnings of the above-mentioned employees of the city as may be
fixed by the board of trustees of the Texas Municipal Retirement System;
provided that the rate of contribution to said fund shall not exceed
one-half of one percentum (1/2%) of the earnings of the employees
of the city who are covered under said fund; and such official shall
make for the city such reports as the board of trustees of the Texas
Municipal Retirement System may prescribe.
(e)
Participation
of the above-mentioned employees in the supplemental benefits fund
shall be effective October 1, 1981.
(1976 Code, sec. 1-122; 2001 Code,
sec. 9.502)
(a)
The
city hereby elects to participate in the supplemental death benefits
fund of the Texas Municipal Retirement System for the purpose of providing
in-service death benefits in the amounts and on the terms provided
for in section XIX of the TMRS Act (article 6243h, Vernon’s
Texas Civil Statutes, as amended) for each of the city’s employees
who are members of said system, and for the purpose of providing post-
retirement death benefits as provided in said section XIX for annuitants
whose last covered employment was as an employee of this city.
(b)
The
city is hereby authorized and directed to notify the director of the
system of adoption of this section, and of the participation of the
city in said fund.
(c)
Participation
of the above-mentioned employees and annuitants in the supplemental
death benefits fund shall be effective on October 1, 1981.
(1976 Code, sec. 1-123; 2001 Code,
sec. 9.503)
(a)
Pursuant
to the provisions of sections 64.202(f), 64.204, 64.405, 64.406, and
64.410 of subtitle G of title 110B, Revised Civil Statutes of Texas,
1925, as amended by the 70th Legislature of the State of Texas, Regular
Session, which subtitle shall herein be referred to as the “TMRS
Act,” the city adopts the following provisions affecting participation
of its employees in the Texas Municipal Retirement System (which retirement
system shall herein be referred to as the “system”):
(1)
Any employee of this city who is a member of the system is eligible
to retire and receive a service retirement annuity, if the member
has at least 25 years of credited service in that system performed
for one or more municipalities that have participation dates after
September 1, 1987, or have adopted a like provision under section
64.202(f) of the TMRS Act.
(2)
If a “vested member,” as that term is defined in section
64.204(b) of the TMRS Act, shall die before becoming eligible for
service retirement and leaves surviving a lawful spouse whom the member
has designated as beneficiary entitled to payment of the member’s
accumulated contributions in the event of the member’s death
before retirement, the surviving spouse may by written notice filed
with the system elect to leave the accumulated deposits on deposit
with the system subject to the terms and conditions of said section
64.204(b). If the accumulated deposits have not been withdrawn before
such time as the member, if living, would have become entitled to
service retirement, the surviving spouse may elect to receive, in
lieu of the accumulated deposits, an annuity payable monthly thereafter
during the lifetime of the surviving spouse in such amount as would
have been payable had the member lived and retired at that date under
a joint and survivor annuity (Option 1) payable during the lifetime
of the member and continuing thereafter during the lifetime of the
surviving spouse.
(3)
At any time before payment of the first monthly benefit of an annuity, a surviving spouse to whom subsection (2) applies may, upon written application filed with the system, receive payment of the accumulated contributions standing to the account of the member in lieu of any benefits otherwise payable under this section. In the event such a surviving spouse shall die before payment of the first monthly benefit of an annuity allowed under this section, the accumulated contributions credited to the account of the member shall be paid to the estate of such spouse.
(4)
The rights, credits and benefits hereinabove authorized shall be
in addition to the plan provisions heretofore adopted and in force
at the effective date of this section pursuant to the TMRS Act.
(5)
Any employee of this city who is a member of the system is eligible
to retire and receive a “standard occupational disability annuity”
under section 64.408 of the TMRS Act or an “optional occupational
disability retirement annuity” under section 64.410 of the TMRS
Act upon making application therefor upon such form and in such manner
as may be prescribed by the board of trustees of the system, provided
that the system’s medical board has certified to said board
of trustees: (i) that the member is physically or mentally disabled
for further performance of the duties of the member’s employment;
(ii) that the disability is likely to be permanent; and (iii) that
the member should be retired. Any annuity granted under this subsection
shall be subject to the provisions of section 64.409 of the TMRS Act.
(b)
This
section shall become effective on the first day of January 1, 1923
[1988] provided that it has previously been determined by the actuary
for the system that all obligations of the city to the municipality
accumulation fund, including obligations hereby undertaken, can be
funded by the city within its maximum contribution rate and within
its amortization period.
(Ordinance 87-7 adopted 12/15/87; 2001 Code, sec. 9.504)
(a)
Pursuant
to section 853.502, subchapter F, of chapter 853, title 8, Government
Code, as amended, the city hereby elects to allow eligible members
in its employment to establish credit in the Texas Municipal Retirement
System for active military service performed as a member of the armed
forces or armed forces reserves of the United States or an auxiliary
of the armed forces or armed forces reserves. Eligible members as
used herein shall be those employees meeting the criteria set forth
in sections 853.502(b) and 853.503 of said subchapter F, and the amount
and use of creditable military service shall be as further set forth
in section 853.505.
(b)
In
order to establish credit for military service hereunder, a member
must deposit with the Texas Municipal Retirement System (in that member’s
individual account in the employees saving fund), an amount equal
to the number of months for which credit is sought, multiplied by
$15.00. The city agrees that its account in the municipality accumulation
fund is to be charged at the time of the member’s retirement
with an amount equal to the accumulated amount paid by the member
for military service credit, multiplied by the city’s current
service matching ratio in effect at the date the member applies for
such military service credit.
(Ordinance 03-25 adopted 10/7/03; 2001 Code, sec. 9.505)
(a)
On
the terms and conditions set out in section 853.305 of subtitle G
of title 8, Texas Government Code, as amended (hereinafter referred
to as the “TMRS Act”), each member of the Texas Municipal
Retirement System (hereinafter referred to as the “system”)
who is now or who hereafter becomes an employee of the city shall
receive restricted prior service credit for service previously performed
as an employee of any of the entities described in said section 853.305,
provided that:
(b)
The
service credit hereby granted may be used only to satisfy length-of-service
requirements for retirement eligibility, has no monetary value in
computing the annuity payments allowable to the member, and may not
be used in other computations, including computation of updated service
credits.
(c)
A
member seeking to establish restricted prior service credit under
this section must take the action required under said section 853.305
while still an employee of this city.
(Ordinance 03-26 adopted 10/7/03; 2001 Code, sec. 9.506)
(a)
Pursuant
to the provisions of section 854.202(g) of subtitle G of title 8,
Texas Government Code, as amended, which subtitle shall herein be
referred to as the “TMRS Act,” the city, adopts the following
provisions affecting participation of its employees in the Texas Municipal
Retirement System (herein referred to as the “system”):
(1)
Any employee of the city who is a member of the system is eligible
to retire and receive a service retirement annuity if the member has
at least 20 years of credited service in the system performed for
one or more municipalities that have adopted a like provision under
section 854.202(g) of the TMRS Act.
(3)
The rights hereinabove authorized shall be in addition to the plan
provisions heretofore adopted and in force at the effective date of
this section pursuant to the TMRS Act.
(b)
This
section shall become effective on the first day October, 2006.
(Ordinance 06-52 adopted 9/28/06; 2001 Code, sec. 9.507)
(a)
On the terms and conditions set out in sections 853.401 through 853.404 of subtitle G of title 8, Government Code, as amended (hereinafter referred to as the “TMRS Act”), each member of the Texas Municipal Retirement System (hereinafter referred to as the “system”) who has current service credit or prior service credit in the system in force and effect on the 1st day of January of the calendar year preceding such allowance, by reason of service in the employment of the city, and on such date had at least 36 months of credited service with the system, shall be and is hereby allowed “updated service credit” (as that term is defined in subsection (d) of section 853.402 of the TMRS Act).
(b)
On
the terms and conditions set out in section 853.601 of the TMRS Act,
any member of the system who is eligible for updated service credits
on the basis of service with the city, who has unforfeited credit
for prior service and/or current service with another participating
municipality or municipalities by reason of previous service, and
was a contributing member on the 1st day of January of the calendar
year preceding such allowance, shall be credited with updated service
credits pursuant to, calculated in accordance with, and subject to
adjustment as set forth in said section 853.601, both as to the initial
grant hereunder and all future grants under this section.
(c)
The updated service credit hereby allowed and provided for shall be 100% of the “base updated service credit” of the member (calculated as provided in subsection (c) of section 853.402 of the TMRS Act).
(d)
Each
updated service credit allowed hereunder shall replace any updated
service credit, prior service credit, special prior service credit,
or antecedent service credit previously authorized for part of the
same service.
(e)
In accordance with the provisions of subsection (d) of section 853.401 of the TMRS Act, the deposits required to be made to the system by employees of the several participating departments on account of current service shall be calculated from and after the effective date of this section on the full amount of such person’s compensation as an employee of the city.
(f)
On
terms and conditions set out in section 854.203 of the TMRS Act, the
city hereby elects to allow and to provide for payment of the increases
below stated in monthly benefits payable by the system to retired
employees and to beneficiaries of deceased employees of the city under
current service annuities and prior service annuities arising from
service by such employees to the city. An annuity increased under
this section replaces any annuity or increased annuity previously
granted to the same person.
(g)
The
amount of the annuity increase under this section is computed as the
sum of the prior service and current service annuities on the effective
date of retirement of the person on whose service the annuities are
based, multiplied by 70% of the percentage change in the Consumer
Price Index for All Urban Consumers, from December of the year immediately
preceding the effective date of the person’s retirement to the
December that is 13 months before the effective date of this section.
(h)
An
increase in an annuity that was reduced because of an option selection
is reducible in the same proportion and in the same manner that the
original annuity was reduced.
(i)
If
a computation hereunder does not result in an increase in the amount
of an annuity, the amount of the annuity will not be changed hereunder.
(j)
The
amount by which an increase under this section exceeds all previously
granted increases to an annuitant is an obligation of the city and
of its account in the municipality accumulation fund of the system.
(k)
Dates of allowances and increases.
The initial allowance of updated service credit and increase in retirement annuities hereunder shall be effective on January 1, 2006, subject to approval by the board of trustees of the system. An allowance of updated service credits and an increase in retirement annuities shall be made hereunder on January 1 of each subsequent year until this section ceases to be in effect under subsection (e) of section 853.404 of the TMRS Act, provided that, as to such subsequent year, the actuary for the system has made the determination set forth in subsection (d) of section 853.404 of the TMRS Act.
(l)
Increased deposit rate.
All employees of the city who
are members of the Texas Municipal Retirement System shall make deposits
to the system at the rate of 6% of their individual earnings effective
the 1st day of October, 2005.
(Ordinance 05-31 adopted 8/16/05; 2001 Code, sec. 9.508)
(a)
On the terms and conditions set out in sections 853.401 through 853.404 of subtitle G of title 8, Government Code, as amended (hereinafter referred to as the “TMRS Act”), each member of the Texas Municipal Retirement System (hereinafter referred to as the “system”) who has current service credit or prior service credit in the system in force and effect on the 1st day of January of the calendar year preceding such allowance, by reason of service in the employment of the city, and on such date had at least 36 months of credited service with the system, shall be and is hereby allowed “updated service credit” (as that term is defined in subsection (d) of section 853.402 of the TMRS Act).
(b)
On
the terms and conditions set out in section 853.601 of the TMRS Act,
any member of the system who is eligible for updated service credits
on the basis of service with this city, who has unforfeited credit
for prior service and/or current service with another participating
municipality or municipalities by reason of previous service, and
was a contributing member on the 1st day of January of the calendar
year preceding such allowance, shall be credited with updated service
credits pursuant to, calculated in accordance with, and subject to
adjustment as set forth in said section 853.601, both as to the initial
grant hereunder and all future grants under this section.
(c)
The updated service credit hereby allowed and provided for shall be 100% of the “base updated service credit” of the member (calculated as provided in subsection (c) of section 853.402 of the TMRS Act).
(d)
Each
updated service credit allowed hereunder shall replace any updated
service credit, prior service credit, special prior service credit,
or antecedent service credit previously authorized for part of the
same service.
(e)
In accordance with the provisions of subsection (d) of section 853.401 of the TMRS Act, the deposits required to be made to the system by employees of the several participating departments on account of current service shall be calculated from and after the effective date of this section on the full amount of such person’s compensation as an employee of the city.
(f)
On
terms and conditions set out in section 854.203 of the TMRS Act, the
city hereby elects to allow and to provide for payment of the increases
below stated in monthly benefits payable by the system to retired
employees and to beneficiaries of deceased employees of the city under
current service annuities and prior service annuities arising from
service by such employees to the city. An annuity increased under
this section replaces any annuity or increased annuity previously
granted to the same person.
(g)
The
amount of the annuity increase under this section is computed as the
sum of the prior service and current service annuities on the effective
date of retirement of the person on whose service the annuities are
based, multiplied by 70% of the percentage change in consumer price
index for all urban consumers, from December of the year immediately
preceding the effective date of the person’s retirement to the
December that is 13 months before the effective date of this section.
(h)
An
increase in an annuity that was reduced because of an option selection
is reducible in the same proportion and in the same manner that the
original annuity was reduced.
(i)
If
a computation hereunder does not result in an increase in the amount
of an annuity, the amount of the annuity will not be changed hereunder.
(j)
The
amount by which an increase under this section exceeds all previously
granted increases to an annuitant is an obligation of the city and
of its account in the municipality accumulation fund of the system.
(k)
Dates of allowances and increases.
The initial allowance of updated service credit and increase in retirement annuities hereunder shall be effective on January 1, 2007, subject to approval by the board of trustees of the system. An allowance of updated service credits and an increase in retirement annuities shall be made hereunder on January 1 of each subsequent year until this section ceases to be in effect under subsection (e) of section 853.404 of the TMRS Act, provided that, as to such subsequent year, the actuary for the system has made the determination set forth in subsection (d) of section 853.404 of the TMRS Act.
(l)
Increased deposit rate.
All employees of the city who
are members of the Texas Municipal Retirement System shall make deposits
to the system at the rate of 7% of their individual earnings effective
1st day of October, 2006.
(m)
Effective date.
Subject to approval by the board of
trustees of the system, this section shall be and become effective
on the first day of October, 2006.
(Ordinance 06-49 adopted 9/19/06; 2001 Code, sec. 9.509)
Pursuant to section 855.407(g) of the TMRS act, the city hereby
elects to make future normal and prior service contributions to its
account in the benefit accumulation fund of the system at such combined
rate of the total compensation paid by the city to employees who are
members of the system, as the system’s actuary shall annually
determine as the rate necessary to fund, within the amortization period
determined as applicable to the city under the TMRS act, the costs
of all benefits which are or may become chargeable to or are to be
paid out of the city’s account in said accumulation fund, regardless
of other provisions of the TMRS act limiting the combined rate of
city contributions.
(Ordinance 2017-23 adopted 8/14/17)
