The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
System.
The Texas Municipal Retirement System.
TMRS Act.
V.T.C.A., Government Code chapter 851 et seq.
(1996 Code, sec. 2-161)
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 participate in the Texas Municipal Retirement System as provided in the TMRS Act.
(1996 Code, sec. 2-162)
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 their employment.
(1996 Code, sec. 2-163)
In accordance with the provisions of the TMRS Act, 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 seven percent of the full earnings of each employee of such departments.
(1996 Code, sec. 2-164; Ordinance 267 adopted 7/25/90)
Each employee who qualifies for credit under this article shall be allowed “prior service credit” (as defined in V.T.C.A., Government Code section 853.101) at the rate of 100 percent of the “base credit” of such member, calculated in the manner prescribed in V.T.C.A., Government Code section 853.105.
(1996 Code, sec. 2-165)
For each month of current service rendered to this city 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 their retirement, a sum that is 200 percent (2 to 1) of such member’s accumulated deposits of such month of employment. Such sum shall be contributed from the city’s account in the municipality accumulation fund.
(1996 Code, sec. 2-166; Ordinance 312 adopted 8/25/99)
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 contributions to the system and the amounts which shall be deducted from the compensation or payroll of employees, all as required by such board under the provisions of the TMRS Act, and such official is hereby authorized and directed to ascertain and certify officially on behalf of this city the prior service rendered to the city 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.
(1996 Code, sec. 2-167)
The city hereby elects to participate in the supplemental death benefits fund of the Texas Municipal Retirement System for the purpose of providing inservice death benefits for each of the city’s employees who are members of the system, and for the purpose of providing post-retirement death benefits for annuitants whose last covered employment was as an employee of the city, in the amounts and on the terms provided for in V.T.C.A., Government Code sections 852.004, 854.601–854.605, 855.314 and 855.502, as amended.
(1996 Code, sec. 2-168)
Pursuant to the provisions of V.T.C.A., Government Code sections 852.105, 854.202(f), 854.405, 854.406 and 854.410, the city adopts the following provisions affecting participation of its employees in the Texas Municipal Retirement 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 the system performed for one or more municipalities that have participation dates after September 1, 1987, or have adopted a like provision under V.T.C.A., Government Code section 854.202(f).
(2) 
If a member described in V.T.C.A., Government Code section 854.204(b), 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 upon 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 V.T.C.A., Government Code section 854.204. 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 the amount that would have been payable to the surviving spouse had the member lived and retired at that date under an optional annuity described by V.T.C.A., Government Code section 854.104(c)(1).
(3) 
At any time before payment of the first monthly benefit of an annuity, a surviving spouse to whom subsection (2) of this section 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. If 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) 
Any employee of this city who is a member of the system and who performed service for this city prior to September 1, 1987 (for which service that employee did not receive credit with the system because the employee was not at that time a member of the system due to their age at the date of their employment), is hereby granted service credit with the system for all such service (performed after the date of their latest employment by the city) that is prior to September 1, 1987, for which the employee has not previously received credit with the system, pursuant to V.T.C.A., Government Code section 852.105.
(5) 
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 Ordinance 242 pursuant to the TMRS Act.
(6) 
Any employee of this city who is a member of the system is eligible to retire and receive a “standard occupational disability retirement annuity” under V.T.C.A., Government Code section 854.408, or an “optional occupational disability retirement annuity” under V.T.C.A., Government Code section 854.410, 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 the board of trustees that the:
(A) 
Member is physically or mentally disabled for further performance of the duties of the member’s employment;
(B) 
Disability is likely to be permanent; and
(C) 
Member should be retired.
Any annuity granted under this subsection shall be subject to the provisions of V.T.C.A., Government Code section 854.409.
(7) 
The provisions relating to the occupational disability program as set forth in subsection (6) of this section are in lieu of the disability program heretofore provided for under V.T.C.A., Government Code section 854.301–854.308.
(1996 Code, sec. 2-169)
(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 each 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 percent 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 ordinance on the full amount of each person’s compensation as an employee of the city.
(1996 Code, sec. 2-170)
(a) 
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.
(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 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 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 hereunder.
(e) 
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.
(1996 Code, sec. 2-171)
The initial allowance of updated service credit and increase in retirement annuities hereunder shall be effective on January 1, 2000, 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 ordinance 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.
(1996 Code, sec. 2-172)
Pursuant to V.T.C.A., Government Code section 853.003, as amended, the city hereby elects to allow any member of the Texas Municipal Retirement System who is an employee of this city on May 13, 1992, who has terminated a previous membership in the system by withdrawal of deposits while absent from service, but who has at least 24 consecutive months of credited service as an employee of the city since resuming membership to deposit with the system in a lump sum the amount withdrawn, plus a withdrawal charge of five 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 the city’s accumulation fund; and the deposits of the amount previously withdrawn by the member shall be credited to the individual account in the employees saving fund of the system.
(1996 Code, sec. 2-173)
Nothing in this code or the ordinance adopting this code shall affect any ordinance pertaining to the Texas Municipal Retirement System, and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this code.
(1996 Code, sec. 2-174)
(a) 
On the terms and conditions set out in V.T.C.A., Government Code section 853.305, 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.
(1996 Code, sec. 2-175)
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 funds 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 205 adopted 9/22/10)
(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.
(2) 
Prior to adopting this section, the governing body of the city has:
(A) 
Prepared an actuarial analysis of member retirement annuities at 20 years of service; and
(B) 
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.
(b) 
This section shall became effective on the first day of November 2014.
(Ordinance 419 adopted 10/8/14)
(a) 
Pursuant to the provisions of sections 854.105 and 854.202, 854.405 subtitle G of title 8, 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 (which retirement system shall herein be referred to as the “system”):
(1) 
An employee of the city who is a member of the system may terminate employment and remain eligible to retire and receive a service retirement annuity at any time after that member attains an applicable age and service requirement, if that member has at least five (5) years of credited service performed for one or more municipalities that have authorized eligibility under section 854.202(c) of the act or are subject to section 854.102(e) of the act.
(2) 
An employee of the city who is a member of the system may retire and receive a service retirement annuity if that member is at least sixty (60) years old and has at least five (5) years of creditable service performed for one or more municipalities that either have authorized eligibility under this subsection or are subject to section 854.102(e).
(3) 
The rights, credits and benefits herein above 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 of November, 2014, provided that is has previously been determined by the actuary of the system that all obligations of the city to the benefit accumulation fund, including obligations hereby undertaken, can be funded by the city within its maximum contribution rate and within its amortization period.
(Ordinance 420 adopted 10/8/14)