HomeMy WebLinkAboutORD 1385 - ORD Allowing Certain Employees of City Terminated previous Membership in TRMS
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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THE SUMS 'SO WITHDRAWN, PLUS ANNUAL WITHDRAWAL CHARGES, AND ALLOWING AND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amount withdrawn, plus a withdrawal charge of five per cent (5%) of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
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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
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