On behalf of the City, the City Council hereby exercises its
option and elects to have the City and all the employees of all departments
participate in the Texas Municipal Retirement System as provided in
chapter 75, Acts of the 50th Legislature, as amended, being article
6243h of Vernon’s Annotated Civil Statutes, and all of the benefits
and obligations of such system are hereby accepted.
Each person who becomes an employee of any participating department on or after the effective date of participation of such department shall be included within and subject to the provisions of the Texas Municipal Retirement System, beginning upon the date such person becomes an “employee” as defined in subsection
14, section 2, of article 6243h of Vernon’s Annotated Civil Statutes.
The City may, in the future, refuse to add new departments or
new employees to the Texas Municipal Retirement System, but shall
never discontinue as to any participants.
The City Manager 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 proper contributions to the system and the amounts which shall be deducted from the compensation or payroll of employees, as required by such board under the provisions of chapter 75, Acts of the 50th Legislature of the State of Texas, as amended, and the City Manager 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 other reports and certificates which may be required of the City under the provisions of chapter
24, Acts Regular Session, 51st Legislature, or the rules and regulations of the board of trustees of the Texas Municipal Retirement System.
All employees of the City, who are members of the Texas Municipal
Retirement System, shall make deposits to the system at the rate of
seven percent (7%) of their individual earnings.
(Ordinance 4622, sec. 3, adopted 9/15/92)
The total earnings which may be paid by the City to any of its
employees who are members of the Texas Municipal Retirement System
shall be considered in calculating the amount to be withheld and the
deposits and contributions to be made to the Texas Municipal Retirement
System by reason of current service rendered by such employee to this
City.
Effective January 1, 1971, 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 retirement a sum that is two hundred (200) percent 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.
Pursuant to section 63.003 of subtitle G of title 110B, Revised
Civil Statutes of Texas, 1925, as amended, the City hereby elects
to allow any member of Texas Municipal Retirement System who is an
employee of this City on the first day of January, 1986, who has terminated
a previous membership in said system by withdrawal of deposits while
absent from service, but who has at least twenty-four (24) months
of credited service as an employee of this City since resuming membership,
to deposit with the system in a lump sum the amount withdrawn, plus
a withdrawal charge of five (5) percent of such amount for each year
from date of such withdrawal to date of redeposit, and, thereupon,
such member shall be allowed credit for all service to which the member
had been entitled at date of termination of the earlier membership,
with like effect as if all such service had been rendered as an employee
of this City, whether so rendered or not. The City agrees to underwrite
and hereby assumes the obligations arising out of the granting of
all such credits, and agrees that all such obligations and reserves
required to provide such credits shall be charged to this City’s
account in the municipality accumulation fund. The five-percent per
annum withdrawal charge paid by the member shall be deposited to the
credit of the City’s account in said municipality accumulation
fund, and the deposits of the amount previously withdrawn by the member
shall be credited to his or her individual account in the employees
saving fund of the system.
(A) Pursuant
to the provisions of sections 64.202(f), 64.204, 64.405, 64.406, and
64.420 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 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 (b) 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 that:
(a) The member is physically or mentally disabled for further performance
of the duties of the member’s employment;
(b) The disability is likely to be permanent; and
(c) 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.
(6) The
provisions relating to the occupational disability program as set
forth in section (5) above are in lieu of the disability program heretofore
provided for under sections 64.301 to 64.308 of the TMRS Act.
(B) This
section shall become effective on the first day of January, 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 4153, sec. 1, adopted 11/3/87)
(A) On the
terms and conditions set out in sections 63.401 through 63.403 of
title 110B, Revised Civil Statutes of Texas, 1925, as amended, each
member of the Texas Municipal Retirement System who has current service
credit or prior service credit in said system in force and effect
on the first day of January, 1988, by reason of service in the employment
of the City, and on such date has at least 36 months of credited service
with said system, shall be and is hereby allowed “updated service
credit” (as that term is defined in subsection (b) of section
63.402 of said title) in an amount that is 100% of the “base
updated service credit” of the member (calculated as provided
in subsection (c) of section 63.402 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) On the
terms and conditions set out in section 63.601 of said title, any
member of the Texas Municipal Retirement 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 January 1, 1987,
shall be credited with updated service credits pursuant to, calculated
in accordance with, and subject to adjustment as set forth in said
section 63.601.
(C) In accordance
with the provisions of subsection (d) of section 63.401 of said title,
the deposits required to be made to the Texas Municipal Retirement
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.
(D) This
section shall become effective subject to approval by the board of
trustees of Texas Municipal Retirement System, on the first day of
January, 1988.
(Ordinance 4154, sec. 1, adopted 11/3/87)
(A) On the
terms and conditions set out in sections 63.401 through 63.403 of
title 110B, Revised Civil Statutes of Texas, 1925, as amended, each
member of the Texas Municipal Retirement System who has current service
credit or prior service credit in said system in force and effect
on the first day of January, 1988, by reason of service in the employment
of the City, and on such date has at least 36 months of credited service
with said system, shall be and is hereby allowed “updated service
credit” [as that term is defined in subsection (d) of section
63.402 of said title] in an amount that is 100% of the “base
updated service credit” of the member [calculated as provided
in subsection (c) of section 63.402 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) On the
terms and conditions set out in section 63.601 of said title, any
member of the Texas Municipal Retirement 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 January 1, 1988,
shall be credited with updated service credits pursuant to, calculated
in accordance with, and subject to adjustment as set forth in section
63.601.
(C) In accordance
with the provisions of subsection (d) of section 63.401 of said title,
the deposits required to be made to the Texas Municipal Retirement
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.
(D) Subject
to approval by the board of trustees of Texas Municipal Retirement
System, the updated service credits granted hereby shall be and become
effective on the first day of January, 1989.
(Ordinance 4280, sec. 1, adopted 12/13/88)
(A) On terms
and conditions set out in section 64.203 of title 110B, Revised Civil
Statutes of Texas, 1925, as amended, the City, hereby elects to allow
and to provide for payment of the increases below stated in monthly
benefits payable by the Texas Municipal Retirement 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 system replaces any annuity or increased annuity previously
granted to the same person.
(B) 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 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.
(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 Texas
Municipal Retirement System.
(F) Subject
to approval by the board of trustees of Texas Municipal Retirement
System, the increases in retirement annuities granted hereby shall
be and become effective on the first day of January, 1989.
(Ordinance 4280, secs. 2, 3, adopted 12/13/88)
(A) Pursuant
to section 63.502, subchapter F, of chapter 63, title 110B, Revised
Civil Statutes of Texas, 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 63.502(b) and 63.503 of said subchapter
F, and the amount and use of creditable military service shall be
as further set forth in section 63.505.
(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 4363 adopted 9/5/89)
(A) 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
municipal accumulation fund of the system at such combined rate of
the total compensation paid by the City on behalf of employees who
are members of the system, as the system’s actuary shall annually
determine as being 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 that accumulation fund,
regardless of other provisions of the TMRS Act limiting the combined
rate of City contributions.
(B) Pursuant to section 855.407(g) of the TMRS Act and, notwithstanding any provision of chapter
41 of this Code or any other ordinance, resolution or policy to the contrary, the City Council hereby terminates the annually repeating allowance of increases in prior and current service annuities to retirees and beneficiaries of deceased members as to all calendar years beginning after the effective date of this section; provided, however, that nothing contained in this section shall be deemed to preclude the City Council from again adopting an ordinance under section 853.404 in the future.
(C) Provided
a signed copy of this section has been furnished to the system prior
that date, this section shall be and becomes effective on January
1, 2009.
(Ordinance 6262 adopted 9/2/09)