(a)
The city
council, acting for and on behalf of the city, shall enter into all
necessary agreements with the state department of public welfare for
the purpose of carrying out the provisions of applicable state and
federal laws relative to federal old age and survivors' insurance
benefits for employees of the city, including the fire and police
departments.
(b)
The mayor
is hereby appointed as agent of the city council and of the city to
execute all necessary agreements and instruments for and in behalf
of the city council and city.
(1965 Code, sec. 2-43)
The city secretary is hereby directed to be the person responsible
for making assessments, collections, payments, and reports, as required
by the state department of public welfare in connection with the federal
old age and survivors' insurance program.
(1965 Code, sec. 2-44)
A sufficient sum of money shall be allocated and set aside from
available funds for the purpose of carrying out the provisions of
the federal old age and survivors' insurance law, under applicable
state and federal laws. Such money so allocated shall be set aside
and maintained in the regular city depository.
(1965 Code, sec. 2-45)
Commencing on the first day of April, 1967, the city shall pay
the social security payments due by the city, i.e., the employer's
share of the total contribution, and the necessary withholdings shall
be made from the employees' pay which is required by law to be paid
by employees receiving salaries from the city.
(1965 Code, sec. 2-46)
On behalf of the city, the city council hereby exercises its
option and elects to have the city and all of the employees of all
departments participate in the Texas Municipal Retirement System as
provided in V.T.C.A., Government Code § 852.001, and all of the
benefits and obligations of such system are hereby accepted.
Editor's note—Ordinances listed below represent
amendments to the Texas Municipal Retirement System which are not
set out in the Code:
|
Ordinance
|
Date
|
Section
|
|---|---|---|
|
1317
|
11/27/1993
|
1, 2
|
|
1345
|
12/12/1994
|
|
|
1489
|
11/19/2001
|
|
|
2092
|
11/13/2017
|
1—3
|
(1965 Code, sec. 2-47)
Each person who becomes an employee of any participating department
on or after the effective date of participation of such department
shall be included within and subject to the provisions of the Texas
Municipal Retirement System, beginning upon the date such person becomes
an "employee" as defined in V.T.C.A., Government Code § 851.001.
(1965 Code, sec. 2-48)
The city may, in the future, refuse to add new departments or
new employees to the Texas Municipal Retirement System, but shall
never discontinue as to any participants.
(1965 Code, sec. 2-49)
Deposits and contributions to the Texas Municipal Retirement
System shall be seven (7) percent computed on salaries and earnings
not to exceed the maximum salary.
(1965 Code, sec. 2-50; Ordinance
2092 adopted 11/13/2017)
Editor's note—Pursuant to the agreement in Ordinance 1244, the provisions of § 2-79, which pertained to the maximum earnings subject to contributions for the Texas Municipal Retirement System, have been deleted by the editor.
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 proper contributions to the system and
the amounts which shall be deducted from the compensation or payroll
of employees, as required by such board under the provisions of V.T.C.A.,
Government Code § 851.001, 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
other reports and certificates which may be required of the city under
the rules and regulations of the board of trustees of the Texas Municipal
Retirement System.
(1965 Code, sec. 2-52)
Any funds appropriated by the city for special retirement benefits
to its volunteer firemen shall in no way be considered or made part
of the funds provided for under the Texas Local Fire Fighters Act,
V.T.C.A. art. 6243e, which from time to time has been amended by the
legislature of the state.
(1965 Code, sec. 2-53)
A person who has served creditably and actively for a period
of twenty (20) years with the city volunteer fire department and who
has reached his fifty-fifth birthday and is in good standing shall
be entitled to the benefits provided for in this article.
(1965 Code, sec. 2-54)
The fact that a person may be entitled to benefits under state
Firemen's Relief and Retirement Law shall in no way entitle him to
any benefits whatsoever from funds appropriated by the city for the
special benefits of volunteer firemen who have served, or are serving
with the city.
(1965 Code, sec. 2-55)
The amount of benefits to be paid to a person entitled to benefits
hereunder shall from time to time be determined by the volunteer firemen's
advisory board, which shall use as a standard a sum of not more than
the difference between what a person may be actually receiving in
the way of retirement or pension under the state Firemen's Relief
and Retirement Law and what he would have received had he been paid
twenty-five dollars ($25.00) per month under the state fund, provided
however, such payment by the city shall never exceed twenty-five dollars
($25.00) per month.
(1965 Code, sec. 2-56)
All benefits to be paid hereunder shall be personal to the volunteer
fireman and shall cease at his death.
(1965 Code, sec. 2-57)
