The city council 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 Vernon’s Ann. Civ. St. title 110B, and
all of the benefits and obligations of such system are hereby accepted
as to such employees.
(1987 Code, sec. 2-101)
The city manager 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 departments mentioned in section 9.02.001 participate in such system.
(1987 Code, sec. 2-102)
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.
(1987 Code, sec. 2-103)
In accordance with the provisions of state law, 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 (7) percent of the earnings
of each employee of such departments, and in determining the deposits
to be made on account of such service, the maximum earnings of this
city is full salary.
(1987 Code, sec. 2-104)
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 such board under the provisions of
Vernon’s Ann. Civ. St. title 110B, as amended. The city secretary
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 the city
secretary shall make and execute all prior service certifications
and all other reports and certifications which may be required of
the city under the provisions of Vernon’s Ann. Civ. St. title
110B, as amended, or in compliance with the rules and regulations
of the board of trustees of the Texas Municipal Retirement System.
(1987 Code, sec. 2-105)
Participation of the employees mentioned in this division in
the Texas Municipal Retirement System shall be effective January 1,
1976.
(1987 Code, sec. 2-106)
(a)
The city, by its city council, hereby elects to have the employees of all participating departments of the city (as provided in section 9.02.001) participate in and be covered by the supplemental benefits fund of the Texas Municipal Retirement System, as provided by Vernon’s Ann. Civ. St. title 110B, sections 62.003, 64.401–64.404, 65.313, and 65.408, and all the benefits and obligations of participation in such fund are hereby accepted by the city as to such employees.
(b)
The
city manager 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 departments mentioned in
this section participate in the supplemental benefits fund of the
system.
(c)
Each
person who becomes an employee of any participating department on
or after the effective date of participation of such department in
the fund shall as a condition of his employment be covered by the
supplemental benefits fund of such system. The city may in the future
refuse to add new departments or new employees to the fund, but shall
never discontinue as to any members who are covered by 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 employees mentioned in this section as may be fixed
by the board of trustees of the Texas Municipal Retirement System,
provided that the rate of contribution to the fund shall not exceed
one-half of one percent of the earnings of the employees of the city
who are covered under such fund. The city secretary shall make for
the city such reports as the board of trustees of the Texas Municipal
Retirement System may prescribe.
(e)
Participation
of the employees mentioned in this section in the supplemental benefits
fund shall be effective January 1, 1976.
(1987 Code, sec. 2-107)
(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 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 Vernon’s Ann. Civ. St. title 110B, sections 62.004, 64.601–64.605,
65.314, 65.409 and 65.502, as amended.
(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 the fund.
(c)
Participation
of the employees mentioned in this section and annuitants in the supplemental
death benefits fund shall be effective on the first day of January,
1985.
(1987 Code, sec. 2-108)
(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, V.T.C.A., 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 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 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.
(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 the terms and conditions set out in section 854.203 of subtitle
G of title 8, V.T.C.A., 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 subsection 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 forty (40) 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 subsection 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.
(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 1st day of January, 1994.
(1987 Code, secs. 2-109, 2-110)
(a)
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 ten (10) years of credited
service performed for one or more municipalities that have authorized
eligibility under section 64.202(c) of the TMRS Act or are subject
to section 64.102(e) of the act.
(b)
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 ten (10) years of creditable service
performed for one or more municipalities that either have authorized
eligibility under this section or are subject to section 64.102(e)
of the act.
(c)
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.
(d)
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.
(e)
At any time before payment of the first monthly benefit of an annuity, a surviving spouse to whom subsection (d) 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.
(f)
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 his or her age
at the date of his or her employment, is hereby granted service credit
with the system for all of such service (performed after the date
of his or her 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 section 62.105 of the act.
(g)
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.
(h)
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: (1) that the
member is physically or mentally disabled for further performance
of the duties of the member’s employment; (2) that the disability
is likely to be permanent; and (3) 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.
(i)
The provisions relating to the occupational disability program as set forth in subsection (h) above are in lieu of the disability program heretofore provided for under sections 64.301 to 65.308 of the TMRS Act.
(j)
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.
(k)
(1)
Any employee of this city who is a member of the Texas Municipal
Retirement System and who performed service as a probationary employee
for this city prior to September 1, 1989, for which the employee did
not receive credited service in the system because the person, as
a probationary employee was not enrolled as a member of the system
during the period of probationary employment, is hereby allowed to
obtain prior service credit for the period of such probationary service
(not in excess of six (6) months), pursuant to the provisions of section
63.303 of subtitle G, title 110B, Revised Civil Statutes, as enacted
by House Bill 1885, Acts of the Regular Session of the 71st Legislature.
(2)
To obtain prior service credit allowable under subsection (k) of this section, any employee entitled thereto shall file a detailed written statement of the service claimed with the city secretary within one (1) year from the effective date of this subsection.
(3)
As soon as practicable after the employee has filed a claim the prior
service credit under section 63.303, subtitle G of the Government
Code, the city personnel officer shall, if said officer determines
that such service was performed as claimed, verify the prior service
allowable (not exceeding six (6) months) and the average monthly compensation
paid the member during the period of probationary employment, and
shall certify to the board of trustees of the system the creditable
prior service approved, and the average monthly compensation paid
to the person by the city during the period of probationary employment.
(1987 Code, sec. 2-111)
(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 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 fifteen dollars ($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.
(c)
This
section shall become effective on the 1st day of October, 1989.
(1987 Code, sec. 2-112)
Pursuant to section 855.407(f) of the TMRS Act, the city hereby
elects to make normal and prior service contributions to its account
in the municipality accumulation fund of the system at such combined
maximum rate, not exceeding twelve and nine one-hundredths (12.09)
percent 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 a period of twenty-five
(25) years from the latest actuarial valuation date, the costs of
all benefits heretofore undertaken to be provided by the city and
which are chargeable to or are to be paid out of the city’s
account in said accumulation fund.
(1987 Code, sec. 2-113)
(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 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 has 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 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 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 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.
(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 the 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 subsection
replaces any annuity or increased annuity previously granted to the
same person.
(2)
The amount of annuity increase under this subsection 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 30% 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.
(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 subsection 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 the Texas Municipal Retirement System, the updated service
credits and increases in retirement annuities granted hereby shall
be and become effective on the 1st day of January, 2005.
(Ordinance 04-10, secs. 1, 2, adopted 11/22/04)
(a)
Authorization of updated service credits.
(1)
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 has 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).
(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, 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 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.
(3)
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).
(4)
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.
(5)
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.
(b)
Increase in retirement annuities.
(1)
On the 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
this city under current service annuities and prior service annuities
arising from service by such employees to this city. An annuity increased
under this subsection replaces any annuity or increased annuity previously
granted to the same person.
(2)
The amount of annuity increase under this subsection 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 50% 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.
(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 subsection 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)
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.
(d)
Effective date.
Subject to approval by the board of
trustees of the system, this section shall be and become effective
on the 1st day of January 2006.
(Ordinance 05-16 adopted 11/28/05)
(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 of January 2006.
(Ordinance 05-17 adopted 11/28/05)
(a)
Increase in retirement annuities.
(1)
On the terms and conditions set out in sections 854.203 and 853.404
of subtitle G of title 8, Government Code, as amended (hereinafter
referred to as 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.
(2)
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 50% 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 the increase
under 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
hereunder.
(5)
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 benefit accumulation fund of the system.
(b)
Dates of increases.
The initial increase in retirement
annuities hereunder shall be effective on January 1, 2014, subject
to approval by the board of trustees of the system. An increase in
retirement annuities shall be made hereunder on January 1st 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, and
provided further that, as to such subsequent year, the city has an
ordinance in effect that provides for a simultaneous increase in updated
service credits as that term is used in the TMRS Act.
(c)
Effective date.
Subject to approval by the board of
trustees of the system, this section shall be and become effective
on the 1st day of January 2014.
(Ordinance 13-08 adopted 11/25/13)
(a)
On
the terms and conditions set out in sections 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:
(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.
(1/25/2021)
