HomeMy WebLinkAboutORD 1359 - ORD Authorizing & Allowing TRMS Updated Credit Services
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ORDINANCE NUMBER 1359
AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE
ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT
SYSTEM, IIUPDATED SERVICE CREDITSII IN SAID SYSTEM
FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF
SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT
OF THE CITY OF WEST UNIVERSITY PLACE; AND
AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE
TEXAS MUNICIPAL RETIREMENT SYSTEM; GRANTING THE
ADDITIONAL RIGHTS, CREDITS AND BENEFITS
AUTHORIZED BY SECTIONS 62.105 AND 64.202 OF TITLE
1l0B, REVISED CIVIL .STATUTES OF TEXAS, 1925, AS
AMENDED BY THE 70TH LEGISLATURE; CONTAINING
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
AND PRESCRIBING THE EFFECTIVE DATE OF THIS
ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS:
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Secti n 1 A h ri
a On the terms and conditions set out in Sections 63.401
through 63.403 of Title HOB, Revised Civil Statutes of Texas, 1925, as
amended, each member of the Texas Municipal Retirement System who has
current service credit or prior service credit in said System in force
and effect on the 1st day of January, 1989, by reason of service in the
employment of the City of West Uni1versity Place, and on such date has
at least 36 months of credited service with said system, shall be and
is hereby allowed II.Updated ServfceCreditll ,(as thatiterm is defined in
subsection '(d)'ofSection;63A02 oii' 'said.title)in'ian amount that is
100% of the IIbase U~dated SerVice Creditll of the member {calculated as
provided in subsection '(c}of Sectioli',63.402.ofsaid title'). The
Updated Service Credit hereby allowed shall replace any Updated Service
Credit, prior service credit, special priDr service credit, or
antecedent service credit previously authorized for part of the same
service.
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(b) In accordance with the provisions of subsection (d) of
Section 63.401 of said title, the: depDsits required to be made to the
Texas Municipal Retirement Systelil' 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.
'Section 2. Effective Dater Subject to approval by the Board of
Trustees of the Texas Municipal Retirement System, the updated service
credits granted hereby shall be and become effective on the 1st day of
January,' 1990. '.
BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE; TEXAS:
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Ordinance Number 1359
126
Section 1. Pursuant to the provlslons of Sections 62.105 and
64.202 of Subtitle G of Title 110B, Revised Civil Statutes of Texas,
1925, as amended by the 70th Legislature of the State of Texas, Regular
Session, which Subtitle shall herein be referred to as the IITMRS ACTII,
the City of West University Place, Texas, 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 IISystemll):
TI
(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 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 subsection or are subject to
Section 64.102(e) of this subtitle.
(c) Any employee of this City who is a member of the System and
who performed service for this City prlor 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.
(d) 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 ordinance pursuant to the TMRS
Act.
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Section 2. All ordinances and parts of ordinances in conflict
herewith are hereby repealed to the extent of the conflict only.
Section 3. If any word, phrase, clause, sentence, paragraph,
section or other part of this ordinance or the application thereof to
any person or circumstance, shall ever be held to be invalid or
unconstitutional by any court of competent jurisdiction, the remainder
of this ordinance and the application of such word, phrase, clause,
sentence, paragraph, section or other part of this ordinance to any
other persons or circumstances shall not be affected thereby.
Section 4. The City Council officially finds, determines and
declares that a sufficient written notice of the date, hour, place and
subject of each meeting at which this ordinance was discussed,
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Ordinance Number 1359
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considered or acted upon was given in the manner required by the Open
Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252~17, as amended,
and that each such meeting has been open to the public as required by
law at all times during such discussion, consideration and action. The
City Council ratifies, approves and confirms such notices and the
contents and posting thereof.
Section 5. This ordinance shall become effective on the first
day of January, 1990, 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.
PASSED AND APPROVED ON FIRST READING this the
, 1989.
day of
Voting Aye:
Voting No:
Absent:
[
PASSED AND APPROVED ON SECOND READING this the
, 1989.
day of
Voting Aye:
'Voting No:
Absent:
, I:
Signed: '
Laura C. Higley, Mayor
ATTEST:
Approved as to Form:
(-
Audrey Nichols
City Secretary
James L. Dougherty, Jr.
City Attorney
( SEAL)