Editor’s note(s)–An ordinance passed at a regular meeting of the city commission on Aug. 4, 1988, repealed a motion of Feb. 14, 1972; and an ordinance of May 4, 1976, from which sec. 20-1 was derived. Said sec. 20-1 pertained to fringe benefits for city employees and was a part of the personnel policies of the city. For similar provisions, see the employee policy and procedures manual of the city.
The governing body acting for and on behalf of the city shall
enter into all necessary agreements with the state department of public
welfare for the purpose of carrying out the provisions of House Bill
603, Acts 52nd Legislature, R.S. 1951, and Public Law 734, 81st Congress,
ch. 809, 2nd H.R. 6000.
(Ordinance adopted 12/29/52, sec.
1)
The mayor is hereby appointed as agent of the governing body
and of the city to execute all necessary agreements and instruments
for and in behalf of said governing body and the city.
(Ordinance adopted 12/29/52, sec.
2)
The city secretary is hereby directed to be the person responsible
for making assessments, collections, payments and reports, as required
by the state department of public welfare.
(Ordinance adopted 12/29/52, sec.
3)
A sufficient sum of money shall be allocated and set aside from
available funds for the purpose of carrying out the provisions of
the above-mentioned acts, such money so allocated and set aside to
be known as the City of Brenham, Texas, Social Security Fund, which
fund shall be set aside and maintained in the regular city depository.
(Ordinance adopted 12/29/52, sec.
4)
On behalf of the city, the governing body hereby exercises its
option and elects to have the city and all of the employees of all
departments now existing or hereafter established participate in the
Texas Municipal Retirement System as provided in Chapter 75, Acts
of the 50th Legislature, as amended (Article 6243h of Vernon’s
Civil Statutes of Texas); and all of the benefits and obligations
of such system are hereby accepted as to such employees.
Editor’s note(s)–By ordinance enacted
March 16, 1964, employees of the Gas System were brought into the
Texas Municipal Retirement System, with a $3,600.00 annual salary
base, at five percent.
(Ordinance adopted 8/21/73, sec.
1)
The city manager is 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 departments participate
in said system.
(Ordinance adopted 8/21/73, sec.
2)
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. The city may in the future refuse to
add new departments or new employees to such system, but shall never
discontinue as to any participants.
(Ordinance adopted 8/21/73, sec.
3)
In accordance with the provisions of the Social Security 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 (5) percent of the
earnings of each employee of said departments, and in determining
the deposits to be made on account of such service the maximum earnings
of this city are four thousand eight hundred dollars ($4,800.00) per
year.
(Ordinance adopted 8/21/73, sec.
4)
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
Chapter 75, Acts of the 50th Legislature of the State of Texas, as
amended, and the city secretary is hereby authorized and directed
to ascertain and certify officially on behalf of the city the prior
service rendered to said 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 Chapter 75, Acts Regular Session,
50th Legislature, as amended, or in compliance with the rules and
regulations of the board of trustees of the Texas Municipal Retirement
System.
(Ordinance adopted 8/21/73, sec.
5)
The city hereby elects to have all of its departments now participating
in Texas Municipal Retirement System hereafter treated and considered,
for the purpose of determining normal and prior service contribution
rates to Texas Municipal Retirement System, and for the purpose of
determining any period within which the city must fund the obligations
mentioned in paragraphs (a), (b) and (c) of subsection 2 of Section
IV of Article 6243h, Vernon’s Civil Statutes of Texas as amended
by Chapter 371 Acts Regular Session 61st Legislature, as having a
single composite participation date, which composite date shall be
determined by the actuary of the Texas Municipal Retirement System
in the manner prescribed by paragraph (a) of subsection 2 of said
statute.
(Ordinance adopted 8/28/72)
(a)
On the
terms and conditions set out in Sections 853.401 through 853.403 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 thirty-six (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 said title) in an amount that is one hundred (100)
percent of the “base updated service credit” of the member
(calculated as provided in subsection (c) of Section 853.402 of said
title). The updated service credit hereby allowed 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.
(b)
In accordance
with the provisions of subsection (d) of Section 853.401 of said title,
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 date aforesaid on the full amount
of such person’s earnings as an employee of the city.
(Ordinance adopted 12/13/83, sec.
1; Ordinance adopted 12/3/87,
sec. 1; Ordinance adopted 9/28/95, sec. 1; Ordinance adopted 12/30/97; Ordinance adopted 12/16/99,
sec. 1; Ordinance adopted 12/7/00, sec. 1; Ordinance adopted 12/20/01, sec. 1; Ordinance adopted 12/19/02, sec. 1; Ordinance adopted 12/4/03, sec. 1; Ordinance adopted 12/21/04, sec. 1; Ordinance adopted 12/1/05, sec. 1; Ordinance adopted 12/7/06, sec. 1; Ordinance O-11-025, sec.
1, adopted 12/1/11)
(a)
On terms
and conditions set out in Section 854.203 of Subtitle G of Title 8,
Government Code, as amended, 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
this city. An annuity increased under this section replaces any annuity
or increased annuity previously granted to the same person.
(b)
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 seventy (70) percent 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 thirteen (13) months before the
effective date of this section.
(c)
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.
(d)
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 hereby.
(e)
The
amount by which an increase under this section exceeds all previously
granted increases to an annuitant is an obligation of this city and
of its account in the municipality accumulation fund of the system.
(Ordinance adopted 12/13/83, sec.
2; Ordinance adopted 12/3/87,
sec. 2; Ordinance adopted 9/28/95, sec. 2; Ordinance adopted 12/30/97; Ordinance adopted 12/16/99,
sec. 2; Ordinance adopted 12/7/00, sec. 2; Ordinance adopted 12/20/01, sec. 2; Ordinance adopted 12/19/02, sec. 2; Ordinance adopted 12/4/03, sec. 2; Ordinance adopted 12/21/04, sec. 2; Ordinance adopted 12/1/05, sec. 2; Ordinance adopted 12/7/06, sec. 2; Ordinance O-11-025, sec.
2, adopted 12/1/11)
(a)
Effective
January 1, 1996, for each month of current service thereafter rendered
by each of its employees who are members of the Texas Municipal Retirement
System, the city will contribute to the current service annuity reserve
of each such member at the time of his or her retirement a sum that
is fifteen (15) per cent 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 accumulation fund.
(Ordinance adopted 12/13/83, sec.
3; Ordinance adopted 12/3/87,
sec. 3; Ordinance adopted 9/28/95)
(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 of Brenham, Texas, adopts the following provisions
affecting the 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 twenty-five (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 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:
a.
That
the member is physically or mentally disabled for further performance
of duties of the member’s employment;
b.
That
the disability is likely to be permanent; and
c.
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.
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(b)
This
section shall become effective on the first day of January 1, 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.
Editor’s note(s)–Sections 1 and 2 of an ordinance enacted Dec. 3, 1987, were not enacted as a specific amendment or addition to the Code, and hence are included herein as sec. 20-33 at the discretion of the editor.
(Ordinance adopted 12/3/87, secs.
1, 2)
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 of Brenham,
Texas, 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 twenty (20) years of credited service in the system performed
for one (1) or more municipalities that have adopted a like provision
under Section 854.202(g) of the TMRS Act.
(2)
Prior
to adopting this section, the governing body of the city has: (1)
prepared an actuarial analysis of member retirement annuities at twenty
(20) years of service; and (2) held a public hearing pursuant to the
notice provisions of the Texas Open Meetings Act, Chapter 551, Texas
Government Code.
(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.
|
This section shall become effective on the February 1, 2007.
|
Editor’s note(s)–Ordinance
O-07-002, sec. 2, adopted Jan. 18, 2007, were not enacted as a specific
amendment or addition to the Code, and hence are included herein as
sec. 20-33.1 at the discretion of the editor.
(Ordinance adopted 1/18/07, sec.
2)
(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 this 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 (1) the person does not otherwise have credited service
in the system for that service and (2) the service meets the requirements
of said Section 853.305.
(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 adopted 12/30/97, sec.
1)
(a)
Authorization
of updated service credits.
(1)
On the terms and conditions set out in Sections 853.401 through 853.403 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 first day of January of the calendar year preceding such allowance, by reason of service in the employment of the city, and on such date has at least thirty-six (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 said title) in an amount that is one hundred (100) percent of the “base updated service credit” of the member (calculated as provided in subsection (c) of Section 853.402 of said title). The updated service credit hereby allowed 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.
(2)
On
the terms and conditions set out in Section 853.601 of said title,
any member of the system who is eligible for updated service credits
on the basis of service with this city, and 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 first 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.
(3)
In
accordance with the provisions of subsection (d) of Section 853.401
of said title, 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 date aforesaid on the full
amount of such person’s earnings as an employee of the city.
(b)
Increase
in retirement annuities.
(1)
On
terms and conditions set out in Section 854.203 of Subtitle G of Title
8, Government Code, as amended, 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 this city under current service annuities and
prior service annuities arising from service by such employees to
this city. An annuity increased under this section replaces any annuity
or increased annuity previously granted to the same person.
(2)
The
amount of annuity increase under this section is computed as the sum
of the prior and current service annuities on the effective date of
retirement of the person on whose service the annuities are based,
multiplied by seventy (70) percent 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 thirteen (13) months before the effective date of
this section.
(3)
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.
(4)
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 hereby.
(5)
The
amount by which an increase under this section exceeds all previously
granted increases to an annuitant is an obligation of this city and
of its account in the municipality accumulation fund of the system.
(c)
Effective
date.
Subject to approval by the Board of Trustees of
Texas Municipal Retirement System, the updated service credits and
increases in retirement annuities granted hereby shall be and become
effective on the first day of January, 2008.
Editor’s note(s)–Ordinance O-07-030,
secs. 1, 2, adopted December 6, 2007, did not specifically amend the
Code; hence, inclusion herein as sec. 20-35 was at the discretion
of the editor.
(Ordinance O-07-030, secs. 1, 2,
adopted 12/6/07)
