(a)
The city
council hereby exercises its option and elects to have the city and
all of the employees of the following departments of the city listed
in this section participate in the Texas Municipal Retirement System
as provided in V.T.C.A., Government Code § 851.001 et seq., and
all of the benefits and obligations of such system are hereby accepted
as to such employees.
(b)
The following
departments are to participate in the Texas Municipal Retirement System:
(c)
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 departments participate in such system.
[Code 1984, ch. 8, § 10(A)]
(a)
Each
person who becomes an employee of any participating department of
this city, and who is not already a member of the Texas Municipal
Retirement System, shall become a member of the Texas Municipal Retirement
System as a condition of employment, provided such person is then
under 60 years of age.
(b)
Any person
who is an employee of a participating department of this municipality
at the effective date of this subsection (December 1, 1979), but who
at the date of his employment was under 60 years of age but did not
become a member of the Texas Municipal Retirement System because he
was then above the maximum age then prescribed by law for initial
membership in the system, shall become a member of the system at the
effective date of this subsection (December 1, 1979), unless he has
already become a member under other provisions of the governing act,
and shall be allowed prior service credit for each month of creditable
service performed for this municipality subsequent to the date such
person was precluded from membership and prior to the effective date
of his membership. Such prior service credit shall be calculated using
the same percentage of the base prior service credit as was most recently
used in calculating prior service credits or updated service credits
in such system for current member employees of this city.
[Code 1984, ch. 8, § 10(B)]
The city may in the future refuse to add new departments or
new employees to such system, but shall never discontinue any participants.
[Code 1984, ch. 8, § 10(C)]
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 of their individual earnings effective January 1, 1980.[1]
[Code 1984, ch. 8, § 10(D)]
[1]
Editor’s note–Prior to 1976, cities were authorized
to establish a maximum earnings level on which employee deposits were
based. This maximum operated to limit the benefits of employees making
salaries in excess of the specified maximum. When the city elected
to participate in the Texas Municipal Retirement System on 10-6-1961,
as authorized by Ord. No. 212, the city established $7,200.00 as the
maximum annual earnings level; however, the city removed this maximum
earnings clause with the adoption of Ord. No. 313, adopted 7-24-1970,
effective 8-1-1970. The ordinance now enables all employee deposits
to be made on the full salary of each participating employee.
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 state law and
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 to make and execute all prior service certifications and
all other reports and certifications which may be required of the
city under state law or in compliance with the rules and regulations
of the board of trustees of the Texas Municipal Retirement System.
[Code 1984, ch. 8, § 10(E)]
Any member, after one year from the effective date of membership,
shall be eligible for service retirement who has attained the age
of 50 years and has completed 25 years of creditable service with
this city, or who has attained the age of 60 years and has completed
at least ten years of creditable service with participating municipalities
which have adopted the plan provisions of this section, or who has
become eligible for service retirement under any other applicable
provision of V.T.C.A., Government Code § 851.001 et seq. The
membership of any member who has completed at least ten years of creditable
service with this city and any other participating municipalities
which have adopted the plan provisions of V.T.C.A., Government Code
§ 851.001 et seq. shall not terminate because of absence from
service.
[Code 1984, ch. 8, § 10(F)]
Effective January 1, 1966, 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 200 percent of such member's accumulated
deposits for such month of employment; and such sum shall be contributed
from the city's account in the municipality current service accumulation
fund.
[Code 1984, ch. 8, § 10(G)]
(a)
Antecedent
service credit for employees on December 31, 1970.
Each
person who is an employee of the city on December 31, 1970, and who
is at that date a member of the Texas Municipal Retirement System
shall be allowed, and upon the terms and conditions prescribed by
V.T.C.A., Government Code § 851.001 et seq., is hereby granted,
effective on December 31, 1970, antecedent service credit (as that
term is defined in state law) calculated on the basis of 100 percent
of each current service deposit actually made by such person with
the Texas Municipal Retirement System during each month of current
service performed for this city prior to the January, 13, 1966.
(b)
Special
Prior Service Credit for Employees on December 31, 1970.
Each person who is an employee of the city on December 31, 1970,
and who at such date is a member of the Texas Municipal Retirement
System and who holds in such system an effective prior service certificate
granted by reason of service performed for this city prior to its
participation in such system, shall be allowed and is hereby granted
(upon the terms and conditions prescribed by V.T.C.A., Government
Code § 851.001 et seq.) a special prior service credit in an
amount equivalent to the accumulation at interest, as provided in
such state law, of a series of monthly payments of five percent of
the member's average prior service compensation for the number of
months of prior service certified to in such member's prior service
certificate. The special prior service credit provided for in this
subsection shall be in addition to the prior service credit heretofore
allowed such member.
(c)
Prior
service credits for persons employed prior to December 31, 1970.
Any person who was employed by the city prior to December 31, 1970, whose membership in Texas Municipal Retirement System by reason of such service has not terminated, and who on such date is absent from service in the employment of the city, shall be entitled to antecedent service credit and to special prior service credit in the amount (if any) he would have been allowed under subsections (a) and (b) of this section, had he been in active service on such date, provided such person again becomes an employee of the city before termination of his membership in the Texas Municipal Retirement System and within five years from December 31, 1970, and provided such person thereupon continues as an employee of a participating department of the city, for a period of five consecutive years.
(d)
Probationary
employee prior service credits.
(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 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 months, pursuant to the provisions of V.T.C.A., Government
Code § 853.303.
(2)
To obtain prior service credit allowable under subsection (d)(1) of this section any employee entitled thereto shall file a detailed written statement of the service claimed with the city secretary within one year from the effective date of the ordinance from which this section is derived.
(3)
As
soon as practicable after the employee has filed a claim for the prior
service credit under V.T.C.A., Government Code § 853.303 the
city secretary shall, if such officer determines that such service
was performed as claimed, verify the prior service allowable (not
exceeding six 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.
(e)
Military
service credits.
(1)
Pursuant
to V.T.C.A., Government Code § 853.502, 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 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 reserves
of the United States or an auxiliary of the armed forces or armed
forces reserves. Eligible members as used in this subsection shall
be those employees meeting the criteria set forth in V.T.C.A., Government
Code §§ 853.502(b) and 853.503 the amount and use of creditable
military service shall be as further set forth in V.T.C.A., Government
Code § 853.505.
(2)
In
order to establish credit for military service under this section,
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.
[Code 1984, ch. 8, § 10(H)]
(a)
Initial
allowance and annuities increase.
(1)
Initial
allowance of updated service credits.
On the terms and
conditions set out in V.T.C.A., Government Code §§ 853.401—853.403,
each member of Texas Municipal Retirement System who has current service
credit or prior service credit in such system in force and effect
in the employment of the city, shall be and is hereby allowed updated
service credit, as that term is defined in state law, in an amount
that is 100 percent of the base updated service credit of the member,
calculated as provided in such act. The updated service credit hereby
allowed shall be in lieu of and in substitution for all prior service
credits, special prior service credits, and antecedent service credits,
if any, heretofore allowed such member by reason of service with the
city. In accordance with the provisions of such state law, 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 aforesuch on the full
amount of such person's earnings as an employee of the city. Subject
to approval of the board of trustees of Texas Municipal Retirement
System, the updated service credits hereby granted shall be and become
effective January 1, 1976.
(2)
Initial
increases in annuities in effect.
Pursuant to V.T.C.A.,
Government Code § 851.001 et seq. and subject to approval by
the board of trustees of Texas Municipal Retirement System as provided
in such Act, the city hereby elects to allow and to provide for payment
of the increases below specified in all monthly benefits payable by
Texas Municipal Retirement System after January 1, 1976, to retired
employees and to beneficiaries prior service annuities arising from
service of such employee to this city, and in effect prior to January
1, 1976. Each such monthly benefit for the month of January 1976,
and each month thereafter shall be increased by 50 percent above the
amount of the regular benefit (as distinguished) from any supplemental
or distributive benefit in effect for the month of December 1975.
(b)
Revised
allowance and annuities increase of September 7, 1979.
(1)
Revised
allowance of updated service credits.
On the terms and
conditions set out in V.T.C.A., Government Code §§ 853.401—853.403,
each member of Texas Municipal Retirement System who on January 1,
1980, has creditable service in such system arising out of employment
with the city prior to the first day of the year preceding January
1, 1980 shall be and is hereby granted an updated service credit (as
that term is defined in such Act) that is 100 percent of the base
update service credit of the member, calculated as provided in such
Act. The updated service credits herein granted shall be effective
from and after January 1, 1980, and shall be in lieu of and in substitution
for all prior service credits and/or updated service credits previously
allowed such member.
(2)
Revised
increases in annuities in effect.
Pursuant to V.T.C.A., Government Code § 851.001 et seq., the city hereby elects to allow and to provide for payment of the increases pursuant to this subsection (2) specified in all monthly benefits payable by Texas Municipal Retirement System after January 1, 1980, to retired employees and to beneficiaries of deceased employees of this city under current service annuities and prior service annuities arising from service of such employees to this city, and in effect prior to the date last abovementioned. Each such monthly benefit for the month of January 1980, and each month thereafter shall be increased by ten percent above the amount of the regular benefit (as distinguished from any supplemental or distributive benefit) in effect for the month of December, 1979.
(3)
Revised
increase and allowance subject to Texas Municipal Retirement System
Approval.
The granting of updated service credits and
the granting of increases in annuities in effect, as provided above,
shall be conditioned upon and subject to approval by the board of
trustees of Texas Municipal Retirement System as provided in the act
governing such system.
(c)
Revised
allowance and annuities increase of November 2, 1981.
(1)
Authorization
of updated service credits.
On the terms and conditions
set out in V.T.C.A., Government Code §§ 853.401—853.403,
each member of the Texas Municipal Retirement System who has current
service credit or prior service credit in such system in force and
effect on January 1, 1982, by reason of service in the employment
of the city, and on such date has at least 36 months of credited service
with such system, shall be and is hereby allowed updated service credit
(as that term is defined in V.T.C.A., Government Code § 853.402(d))
in an amount of 100 percent of the base updated service credit of
the member (calculated as provided in V.T.C.A., Government Code §
853.402(c)). 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. In accordance with the provisions of V.T.C.A.,
Government Code § 853.401(d), 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.
(2)
Increase
in retirement annuities.
On the terms and conditions
set out in V.T.C.A., Government Code § 854.203, the city hereby
elects to allow and to provide for payment of the increases below
stated in monthly benefits payable by 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 subsection replaces any annuity or increased annuity previously
granted to the same person. 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 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. 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. 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. 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 Texas Municipal
Retirement System.
(3)
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 January 1, 1982.
(d)
Revised
allowance and annuities increase of July 19, 1982.
(1)
Authorization
of updated service credits.
On the terms and conditions
set out in V.T.C.A., Government Code §§ 853.401—853.403,
each member of the Texas Municipal Retirement System who has current
service credit or prior service credit in such system in force and
effect on January 1, 1983, by reason of service in the employment
of the city, and on such date has at least 36 months of credited service
with such system, shall be and is hereby allowed updated service credit
(as that term is defined in V.T.C.A., Government Code § 853.402(d))
in an amount that is 100 percent of the base updated service credit
of the member (calculated as provided in V.T.C.A., Government Code
§ 853.402(c)). 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. In accordance with the provisions of
V.T.C.A., Government Code § 853.401(d), 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.
(2)
Increase
in retirement annuities.
On the terms and conditions
set out in V.T.C.A., Government Code § 853.203, 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 subsection replaces any annuity or increased annuity previously
granted to the same person. 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 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 the ordinance from which this section is derived. 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. 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. 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 Texas Municipal Retirement System.
(3)
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 January 1, 1983.
(e)
Revised
allowance and annuities increase of January 1990.
(1)
Authorization
of updated service credits.
On the terms and conditions
set out in V.T.C.A., Government Code §§ 853.401—853.403,
each member of the Texas Municipal Retirement System who has current
service credit or prior service credit in such system in force and
effect on January 1, 1989, by reason of service in the employment
of the city, and on such date has at least 36 months of credited service
with such system, shall be and is hereby allowed updated service credit
(as that term is defined in V.T.C.A., Government Code § 853.402(d))
in an amount that is 100 percent of the base updated service credit
of the member (calculated as provided in V.T.C.A., Government Code
§ 853.402(c)). 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. On the terms and conditions set out
in V.T.C.A., Government Code § 853.601, 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, 1989, shall be credited with
updated service credits pursuant to, calculated in accordance with,
and subject to adjustment as set forth in V.T.C.A., Government Code
§ 853.601. In accordance with the provisions of V.T.C.A., Government
Code § 853.402(d), 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.
(2)
Increase
in retirement annuities.
On terms and conditions set
out in V.T.C.A., Government Code § 853.203, 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 section replaces any annuity or increased annuity previously
granted to the same person. 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 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 the ordinance from which this section is derived. 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. If a computation under this subsection does not result
in an increase in the amount of an annuity, the amount of the annuity
will not be changed hereby. 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.
(3)
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 January 1, 1990.
(f)
Revised
allowance and annuities increase of October 1990.
(1)
Authorization
of updated service credits.
On the terms and conditions
set out in V.T.C.A., Government Code §§ 853.401—853.403,
each member of the Texas Municipal Retirement System who has current
service credit or prior service credit in such system in force and
effect on January 1, 1990, by reason of service in the employment
of the city, and on such date has at least 36 months of credited service
with such system, shall be and is hereby allowed updated service credit
(as that term is defined in V.T.C.A., Government Code § 853.402(d))
in an amount that is 100 percent of the base updated service credit
of the member (calculated as provided in V.T.C.A., Government Code
§ 853.402(c)). 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. On the terms and conditions set out
in V.T.C.A., Government Code § 853.601, 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, 1990, shall be credited with
updated service credits pursuant to, calculated in accordance with,
and subject to adjustment as set forth in V.T.C.A., Government Code
§ 853.601. In accordance with the provisions V.T.C.A., Government
Code § 853.401(d), 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.
(2)
Increase
in retirement annuities.
On terms and conditions set
out in V.T.C.A., Government Code § 853.203, 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 section replaces any annuity or increased annuity previously
granted to the same person. 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 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 the ordinance from which this section is derived. 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. 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. 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 Texas Municipal Retirement System.
(3)
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 January 1, 1991.
(g)
Revised
allowance and annuities increase of December 1991.
(1)
Authorization
of updated service credits.
On the terms and conditions
set out in V.T.C.A., Government Code §§ 853.401—853.404
(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 January 1 of the calendar year preceding such
allowance, by reason of service in the employment of the city (hereinafter
called 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 V.T.C.A., Government Code §
853.402(d)). On the terms and conditions set out in V.T.C.A., Government
Code § 853.601, 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 January 1, 1991,
shall be credited with updated service credits pursuant to, calculated
in accordance with, and subject to adjustment as set forth in V.T.C.A.,
Government Code § 853.601, both as to the initial grant under
this section and all future grants under this section. 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 V.T.C.A., Government Code § 853.402(c)). Each updated service
credit allowed under this subsection 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.
In accordance with the provisions of V.T.C.A., Government Code §
853.401(d), 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 the ordinance
from which this section is derived on the full amount of such person's
compensation as an employee of the city.
(2)
Increase
in retirement annuities.
On terms and conditions set
out in V.T.C.A., Government Code § 853.203, the city hereby elects
to allow and to provide for payment of the increases stated in this
subsection 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 the city. An annuity increased under this section
replaces any annuity or increased annuity previously granted to the
same person. The amount of 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 the ordinance from which this section is derived. 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. If a computation under this subsection does not result
in an increase in the amount of an annuity, the amount of the annuity
will not be changed under this subsection. 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.
(3)
Dates
of allowances and increases.
The initial allowance of
updated service credit and increase in retirement annuities under
this section shall be effective on January 1, 1992, 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 under
this section on January 1 of each subsequent year until this section
ceases to be in effect under V.T.C.A., Government Code § 853.404(e),
provided that, as to such subsequent year, the actuary for the system
has made the determination set forth in V.T.C.A., Government Code
§ 853.404(d).
[Code 1984, ch. 8, § 10(I)]
(a)
The city
by its city council, hereby elects to have the employees of all participating
departments of such city participate in and be covered by the supplemental
benefits funds 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 such 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 participating departments participate in the
supplemental benefits fund of such system.
(c)
Each
person who becomes an employee of any participating department on
or after the effective date of participation of such department in
such fund shall as a condition of his employment be covered into the
supplemental benefits fund of such system. The city may in the future
refuse to add new departments or new employees to such 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 participating employees of such city as may be fixed by the
Board of Trustees of the Texas Municipal Retirement System, provided
that the rate of contribution to such fund shall not exceed one-half
of one percent of the earnings of the employees of such city who are
covered under such 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 January 1, 1981.
[Code 1984, ch. 8, § 10(J)]
(a)
The city
hereby elects to participate in the supplemental death benefits fund
of the Texas Municipal Retirement System beginning on the first day
of the calendar month following written notification to the system
of the adoption of this subsection (September 2, 1980), for the purpose
of providing in-service death benefits in the amount 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 such system, and for the purpose of providing post-retirement
death benefits as provided in such 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 such fund.
(c)
Participation
of the above mentioned employees and annuitants in the supplemental
death benefits fund shall be effective on January 1, 1981.
[Code 1984, ch. 8, § 10(K)]
(a)
On the
terms and conditions set out in V.T.C.A., Government Code § 853.305,
(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 incorporated city or town in this state and
for which the person has not otherwise received credited service in
the system. 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.
(b)
A member
seeking to establish restricted prior service credit under this subsection
must take the action required under V.T.C.A., Government Code §
853.305 while still an employee of this city.
[Code 1984, ch. 8, § 10(L)]
Pursuant to V.T.C.A., Government Code § 853.003, the city
hereby elects to allow any member of Texas Municipal Retirement System
who is an employee of this city on December 10, 1991 who has terminated
a previous membership in such system by withdrawal of deposits while
absent from service, but who has at least 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 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 a 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 municipality
accumulation fund. The deposits of the amount previously withdrawn
by the member shall be credited to his individual account in the employees
saving fund of the system.
[Code 1984, ch. 8, § 10(M)]
Pursuant to the provisions of V.T.C.A., Government Code §§
854.202(f), 854.204, 854.405, 854.406, and 854.410, which state law
shall be referred to in this section 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 be referred to in this section as the "system"):
(a)
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 V.T.C.A., Government Code §
854.202(f).
(b)
If a
"vested member," as that term is defined in V.T.C.A., Government Code
§ 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 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 V.T.C.A., Government Code § 854.204(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 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.
(c)
At any
time before payment of the first monthly benefit of an annuity, a
surviving spouse to whom V.T.C.A., Government Code § 854.204(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.
(d)
The rights,
credits and benefits authorized in this section shall be in addition
to the plan provisions heretofore adopted and in force at the effective
date of the ordinance from which this section is derived pursuant
to the TMRS Act.
(e)
Any employee
of this city who is a member of the system is eligible to retire and
receive a standard occupational disability annuity under V.T.C.A.,
Government Code § 854.408 or an optional occupational disability
retirement annuity under V.T.C.A., Government Code § 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 such 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 V.T.C.A., Government Code § 854.409.
(f)
The provisions
relating to the occupation disability program as set forth in subsection
(5) of this section are in lieu of the disability program heretofore
provided for under V.T.C.A., Government Code §§ 854.301—854.308.
[Code 1984, ch. 8, § 10(N)]
Pursuant to the provisions of V.T.C.A., Government Code §
854.202(g), which state law shall be referred to in this section as
the "TMRS Act", the city adopts the following provisions affecting
participation of its employees in the Texas Municipal Retirement System
(referred to in this section 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 V.T.C.A.,
Government Code § 854.202(g).
(2)
Prior
to adopting the ordinance from which this section is derived, the
government body of the city has:
(3)
The rights
authorized in this section shall be in addition to the plan provisions
heretofore adopted and in force at the effective date of the ordinance
from which this section is derived, pursuant to the TMRS Act.
[Ord. No. 798-96, § I, 8-13-1996]
