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HomeMy WebLinkAboutORD 1385 - ORD Allowing Certain Employees of City Terminated previous Membership in TRMS ...: "lLlIlJ][DlllJLLI' I , . .1'IJIIIlIlIIJ1l,-:----- --- --U][,T" , . n m -: .I:LLI [ ORDINANCE NUMBER 1385 AN ORDINANCE ALLOWING CERTAIN EMPLOYEES OF THE CITY WHO HAVE TERMINATED PREVIOUS MEMBERSHIPS IN TEXAS MUNICIPAL RETIREMENT SYSTEM, TO DEPOSIT THE SUMS 'SO WITHDRAWN, PLUS ANNUAL WITHDRAWAL CHARGES, AND ALLOWING AND UNDERTAKING THE COST OF ALLOWING ANY SUCH EMPLOYEE CREDIT IN SUCH SYSTEM FOR ALL SERVICE TO WHICH SUCH EMPLOYEE HAD BEEN ENTITLED AT DATE OF SUCH WITHDRAWAL, WITH LI KE EFFECT AS I F ALL SUCH SERVI CE HAD BEEN PERFORMED AS AN EMPLOYEE OF THIS CITY. WHEREAS, the actuary of the Texas Municipal Retirement System has determined that all obligations charged against the City's account in the municipality accumulation fund, including the obligations arising as a result of thi s ordi nance, can be funded by the Ci ty wi thi n its maximum contribution rate and within its amortization period; 'and WHEREAS, the Ci ty Counci 1 has determi ned that adopti on of thi s ordinance is in the best interests of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. Pursuant to Section 63.003 of Subtitle G of Title HOB, Revised Civil Statutes of Texas, 1925, as amended, the City of West University Place hereby elects to allow any member of Texas Municipal Retirement System who is an employee of this City on the 1st day of January, 1991, who has terminated a previous membership in said 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service as an employee of this City since resuming membership to deposit with the System in a lump sum the amount withdrawn, plus a withdrawal charge of five per cent (5%) of such amount for each year from date of such withdrawal to date of redeposit, and thereupon such member shall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 of West University Place 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 per cent (5%) per annum withdrawal charge paid by the member shall be deposited to the credit of the City's account in said municipality accumulation fund; and the deposits of the amount previously withdrawn by the member shall be credited to his or her individual account in the employees saving fund of the System. Section 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. 302 I I iJ -1 '--" I r ~ ,; ). . 0, J' ", ! (, n I , ' '----..-) n f""" i i J --------,' Ordinance Number 1385 303 Section 3. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance or the appl ication 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, 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 publ ic 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 1st day of January, 1991, which is a date on or after the date set forth in Section 1, above. PASSED AND APPROVED ON FIRST READING this the , 1990. day of Voting Aye: Voting No: Absent: PASSED AND APPROVED ON SECOND READING this the , 1990. day of Voting Aye: Voting No: Absent: Signed: Laura C. Higley, Mayor ATTEST: Approved as to Form: Audrey Nichols City Secretary (SEAL) James L. Dougherty, Jr. City Attorney <'c 2