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HomeMy WebLinkAboutORD 838 - ORD Providing & Participating TRMS ~~, fin LU ~, ., ,~~"! ~~ ,t~~ :.?::":~~.if.'t+tt.~; ~ t,. 1 ' m f51" ORDINANCE NUMBER 838 AN ORDINANCE PROVIDING FOR PARTICIPATING IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM OF ALL OF THE EMPLOYEES OF THE FIRE DEPAR'lMENT OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS,' INCWDING THOSE \i\;;~~ EMPLOYEES WHO' ARE MEMBERS OF THE FIREMEN'S RELIEF AND RETIREMENT FUND OF THE CITY OF WEST 'UNIVERSITY PLACE, TEXAS; ACCEPTING ALL OF THE OBLIGATIONS AND BENEFITS OF SAID SYSTEM AND PROVIDING FOR THE MERGER OF THE FIREMEN I S RELIEF AND RETIREMENT -FUND OF THE CITY OF WEST UNIVERSITY PLACE WITH THE TEXAS MUNICIPAL RETIREMENT SYSTEM. WHEREAS, Chapter 75, Acts 50th Legislature (l947) as amended by Chapter 24, Acts Regular Session 5lst Legislature (Vernon's Civil Stat's. Art. 6243h) established the Texas Municipal Retir~nt System; and authorized the gov- erning body of each city or town to e1;.ect, at its option, to have one or more of the city departments participate in such system; arid WHEREAS, the City of West University Place, ,Texas, has heretofore provided for the participation in the Texas Mlit1icipal Retirement 'System of all of the employees of all of the departments of the City government, except those members of the Fire Department who care members of the Firemen's Relief and Retirement Fund; and WHEREAS, the members of' the Fire Department who are members 0'1' the Firemen ',s~4~Q.~~~~~~m.~~,Ew1,d o~ the ~,c;i.~N.<~..~Weai~pc_i-ve;~~lace, Texas, lit an election heretofore held on April 7, 1964, 'on the question, have voted withbutdissent for the merger' of said Fund with the Texas Municipal Retirement System and for coverage of the members of said Fund into said System; and t~-",J\1i~'it";,", rlf WHEREAS, the City Commission of the City of West University Place,. Texas, finds that it will be in the public interest of the City to have all of the employees of its Fire Department participate in the Texas Municipal Retirement System; NOW, THEREFORE, BE IT 'ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That on behalf of the City of West University Place, Texas, its City Commission hereby exercised its option and elects to have all of the employee~" <?~>,~e~_,,!,,~f~,J:?~pEg'~meJJ.:t,()f said City:,pa.r:,t,icipate.,iIJ. the, Texas Munici- pal Retirement System as provided in Chapter '75,' Acts of the 50th Legislature, as amended. ' The term. "employee" as used herein shall hot 'r21byl~~7 reason of such mem- bership exclude any person who is now or heretofore has been a member of the Firemen':s Relief and Retirement Fund of the' City of West University Place. ~ . ~ .L... JI .. . J . _JJ _ __.~ __L . . L. 1 ___ , ' ,;ulIIT .JIIIIIIII'1o .1.1. --' II L' ...') . ~"" ,Section 2. The Mayor and the City Manager of the City of West University 0'- Place are hereby authorized to make and execute on behalf of said City, the following contract and agreement, in substance, for the merger of the Fire- men's Relief and Retirement Fund of the City of West University Place with the Texas Mu:i:1icipa+ Retirement System, and for the coverage in the Texas Muni- cipal Retirement System of the members and annuitants of said Fund: , W1mREAS, at an election heretofore held upon the proposal, the members 'of the' Firemen's Relief and Retirement Food of the City of West Place, Texas, by, a majority of all the members thereof, have approved the merger of said Fund with the TexasMUnicip~ Retirement System upon the terms and conditions hereinafter set' forth, and have elected to become members of said System; and WHEREAS, the City of West University Place, Texas, does hereby designate the Fire Department of said City' as a participating department of said System, and has authorized and applied for a~ssion of the several members of the said Firemen's Relief and Retirement Fund a~ members of said System upon the terms and conditions hereinafter set out; and NOW, THEREFORE, the City of West University Place, Texas; the Board of Trustees of the Texas Municipal Retirement System; the Board of Firemen's Relief and Retirement FUnd Trustees of the City of West University Place, Texas; and the several members and beneficiaries 6fthe said Firemen's Relief and'Retirement Fund, have mutually agreed and do hereby agree as follows: I. MERGER OF FUND INTO TEXAS MUNICIPAL RETIREMENT SYSTEM. Under the authority of ,and pursuant to the provisions of Sections X and XI of Chapter 75,. Acts of the Regular Session 50th Legislature,asamendedj" tlieFiremen' s Relief and Retirement Fund of the City of West Unive:r!!-ity Place, Texas, shall 'be merged into the Texas Municipal Retirement System, upon the te+ms and conditions set out in this merger agreement; and all monies securities and other properties of said Fund shall be transferred to the Texas Municipal Retirement System to defray in part the cost of the ben~fits hereinafter provided for. 0', A..__.....~.. 'N.r: I.' . , A_ II. SALARIED 'r~. TO BECOME MEMBERS OF THE SYSTEM. 1. The following named persons, being all of the salaried firemen members of the Firemen's Relief and Retirement Fund of the City of West University Place, Texas, and being full-time employees of the Fire Department of said city, shall be and become members of the Texas Municipal Retirement System on 'the 1st day of July, A.D., 1964. J. D. Allstott Albert R. Allen Charles E. Duffin R. M. Farris G. 'E. King Paul E. Murphy 8Charlie S. Wilson, Jr. B. F. Wilcher . ,,' ,"".~ :',.. ~'" OJ ru;' :" :1 153 2. Each of the above-named persons agrees to merger of the Firemen's Relief and Retirement Fund of the City of West University Place with the Texas Municipal Retirement System upon the terms and conditions hereof, and agrees to become a member of ,the Texas Municipal Retirement System, and that his rights and privileges as a member of said System shall be governed by ,the pro- visions of Chapter 75, Acts 50th Legislature, as amended, except as expressly altered by theprovis"ions hereof. He agrees to pay the stat:uatory membership fee assessed against members of said S~stem, and so long as he continues to work for the City of West University Place, he agrees to contribute and deposit in the Employees I Saving Fund<of the System, the sums prescribed by statute, and authorizes the deduction of all said sUms by s'aid City from his 'compensation, and,the payment thereof to the System. Except for such benefits as may accrue by reason of his membership in the Texas Municipal Retirement System as pro- videO. for in this contract, each,named person for himself, and for every bene- ficiar-y claiming under him or by reason of his services as an employee of said 'city, or as a member of said Fund, hereby waives and releases any other or further claim to retirement benefits from and against the City of West University Place, Texas" and the Firemen's Relief, and Retirement Fund of said City. 3. On merger of the Fund, there shall be, established ,for each of the above-rtpmedpersonsan individual account in the Employees'SavingFund of the System, 'and, <there ,will be credited to the individual account of each such person (by~tJia:nsfer of said sum out of the monies now on deposit in the West University Plac~eFiremen' s ,Relief and Retirement Fund) ,an amount equal to ,the accumulated deposits standing to-the credit of such person in the said Fire- men's Relief and Retirement Fund as of the effective date of merger; and there shall, thereafter be deposited to the individual account of each such person, the amo~;bs"'.aepGsi~ea.~.':e-y',h'im'''as~~eurrent serv.-ice"fc0ni;.~i>btiti"Of1S~~'"i'8."~member of the System, and interest at the rate and in the manner uniformly allowed on individual accounts of other members of the System. ., From,and after date of merger, all sums standing to the credit of the member's individual account in the Employees' Saving Fund shall be governed by, and the rights of the member therein shall be those prescribed by, Chapter 75, Acts 50th Legislature, ,as amended. 4. Each person named above shall continue as a member of said System from and after the 1st day of July, 1964, unless and until the occurrence of one of the conditions enumerated in paragraph (3) subsection (2), Section-III, of Chapter 75, supra, as amended, whereupon his membership shall cease and determine. If any such person shall cease to be a member other than by re- tirement, his rights shall be governed by and shall be limited to those prescribe4 by Section V, or by subsection 4, of Section 'VII of Chapter 7~, supra, aSR.may"be,,-apP.1;j,QB.ba.e,)~,pil7o:vided, howeve,rt.. .::t;hatl ,iiB ...e1ither -..01', the, holders of twenty-year certificates"viz-., King and A11stott, shall die before actual retirement, they shall be considered to have retired,as ,of the end of the calendar month preceding that in which the death occurs, upon an Option Two retirement benefit with his wife as named beneficiary, and the minimlml amount of such benefit shall be as hereinbelow provided for. 1:._; 1 1.1., ,I I.L1 ''__ ._.,".3.1E"lHlllIir -j~ ..JiIIJJ/1 Ii.:. " "154 5. Each of the above-named persons upon becoming ,a member of, the Texas Municipal Retirement System shall be eligible as an employee of the City of 0: -:' West University Place, Texas, for service retirement benefits and for dis- ability retirement benefits in such,amounts and upon the terms and conditions and only in such amounts and upon the ten:ns and conditions prescribed in Sections VII or XIII of Chapter 75, Acts Regular Session, 50th Legislature, as amended; except that it is understood and agreed that se;t'Vice rendered as a member of the Fire Department or other municipal department of the City of West University Place by each such person, shall be computed as "service as an employee" of said City as provided in this contract, despite t:Q,e fact of membership of such person in the Firemen's Relief and Retirement Fund of said City during all or part of the period of' such sef.cvice; but it is specially provided that G. E. King ('Who"~holds a twenty-year certificate and is entitled to retire at this date under the Fund) shall be entitled to retire at the end of any calendar month upon an Option Two benefit of not less than $124.00 monthly, during his lifetime, and after his, death one-half of the amount of his monthly benefit to be payable to his wife, Thelma King, during .her.lifetime, if she survives him; and it is specially provided that J. D. Allstott shall be entitled to retire at the end of any calendar month after he shall reach fifty- five years of age, upon an OptiOIl. Two benefit of not less than $100.00 monthly during his lifetime, with one-half of the monthly benefit to which he may be entitled to be paid after his death to his wife, Tommie,Al1stott, if she shall survive him; and in the event of the death of either the said King or the said Allstott before actual retirement, and if he sb-all leave surviv;i.ng him the person above. named as his wife, then he shall be considered to have retired upon an Option Two benefit (Of the minimum amount specified above) as of the last day of the calendar month preceding that in which his death occurs, ,and 0 in such event one-hall of the amount specified shall be paid ,monthly during.""..".,1 ." her life to the person above-named as his wife. 6. (A) It is agreed by the respective parties hereto that each of the above-named persons shall, for the purposes of determining his eligibility for retirement under the formulae prescribed by Chapter 75, supra, be credited each full month of service performed by him prior to the effective date of merger as a member of the Fire Department or other municipal department of the City of West University Place, and each such month of service shall be computed as "Service as an Employee" of said City for the purpose of measuring e~igibility for retirement, despite the fact of membersb-ip of such Person in the Firemen's Relief and Ret:i,rement Fund of said City during all or part of the' period of such service. , (B) The current service annuity of the member shall be the actuarial e~uivalent of his accumulated deposits ,credited to his account in the Employees .saving Fund at the date of his retirement, plus an additional sum (from the ,Municipality Current Service Accumulation Fund of the employing municipality or municipalities) equal to the accumulated deposits of the member. (C) To provide for partial funding of the current service annuity obligations hereunder contemplated, it is agreed that as, of the date of merger, there shall betransferr~d out of the monies, securities and investments now held by the Firemen's Relief and Retirement Fund of the City of West University Place, the sum of j5S0. 00 (F,j ~hty TIn 11 A:rR), (which is the amount computed by the actuary as being necessary and required to match the portion of the o ~.II .Ij .'1 \ o '.,~.~.,,:.,~-..;-'~1': i:s,. m "1~5'"5 present accumulated depesits ef the abeve-named individuals if, as and when they may retire), which sum shall be d~positedte the City,ef West University Place Fire Department acceunt in the Municipality Current Service'Accumulatien Fund ef the Texas'Municipal Retirement System. (D) Service rendered to the City ef' West University Place, Texas, (er to any ether participating municipality) by those ,persons becoming'members ef the System pursuant to' this agreement, during their membership; shall censtitute "current service" under' the System, 'within the meaning efChapt-er 75, supra, as amended, and each member shall make the depesits eut ef his earnings at the rate and in the manner re~uired en 'acceunt of such service by the applicable ~revisiens ef said statute. ' i' (E) The City ef West University piace cevenants and agrees to make. normal centributiens (as that term'is: defined, in Chapter 75, supra, as Bmemded) to. the Texas MuniciNLl R.etirement System on account'of'the current service rendered. to. tile City ef.West Universii.ty Plac,e .after<:iateof merger by'the persens o:ecoming members ,of .the,cSy-stem ' purs11a'ht to' tbIs agreement.'" Such nermal centributiens ' shall bema:de by' said City to. the' System at' the rate previded fer, and at the time and'.inanner previded for by Chapter 75,' supra, as amended. (F) Each of the above~named persons' Shall, 'upen becoming a member ef the System, be entitled to, and will be given; a "Special Prier Service Credit" equal to a "Prier Service Credit" cemputed en the basis ef all creditable service rendered, prier to. the date ef' merger accerding to. the formula con- tained in subsectien 6 ef Sectien VI er Ghapter 75, supra, as ainended,less an amount equal to. twice the 'amount of the accumulated depesits credited to the individual member (in accerdance with paragraph, 3 abeve) in his individual acceunt in the Members' Saving Fuiid en. the date' of merger. , These "sp~cJ.al Prier Ser-vice,Credits" so aJ+.ewed shall be obligations ef'the City of West University Place Fire Department acceunt,in the MUnicipality Prior SerVice Accumulatien Fun~,of the System and the City ef'West UniversityPlaee hereby coven~ts and agrees to. make prier service contributiens to the'TeXas,Munici- pal Retirement System in such monthly ameunts as will f'ully'amertize the ebligatiens ef' the City ef West tJriiversi. ty Place Fire Department acceunt in' the Muni~~Pr~i,tY,J~:rj.or.,,-,~E;i~;g,~:,~,~~c~ulatie~,.!.JJ?<l,w~~!1~,~, ~ J~e~~~d., <?~ .:twenty-f'ive (25) years frem the effect~ve date of merger..." .' ~,.":: ._"~,:'~,::,'r;"'t~~;;~~~,-'i~1t$~~~,",~~W)~.s:.,,;"-~."'+"''';'.'l,4' _"~!"'>" . . , "'''"r''' 'l\i'l'~...., 'VQf',.:.:'; .r<-.:ki:!:~'f.<t'r -:: ;~'~k.~...'/'iif..~;;;' ~.p.:,:::-;~..,(~'>1::J'-';:..'\,l'-;:"" ;.~'~.E~:~:.i:';...f; . 7. Except asspecia.lly ai:ieve,previded as, to KiIi.g and'AilS-tott, eligi- bility fer service retirement sha.ll be theseprescrioed'and'set'forth under Chapter 75, supra, as amended; and the benefit payable shall be a standard benefit (or an authorized optienal Benefit that is the actuarial equivalent thereef) as defined. by Chapter 75, 'supra, as amended, in an amount which is the actuarial e~uiva1ent ef his current'service annuity reserve, plus ,a prier service'benef'it which is the actUarial equivalent ef his accumUlated "Special Prier Service Credit" (as abeve defined) at the time ef his retirement: Eligibility fer disability retirement and the amount thereef,shall be geverned by the provisienf3, ef Chapter 75, supra, a~ amended. 8. If, prier to. the respective times G. E. King or J~D. Allstott weuld eligible fer service retirement under theprevisiens of Chapter 75, supra such person had been a member ef Texas Municipal Retirement System threugheut '.!;.~".~: '-"::- "." be if' .'~' ',.' . 1 "1 'ilf' ~. , .........:m-.r I, .JlIlll,1 ,-J ll....-. 1 I :"'1'5'6 ,. ~I the period of his creditable service (as above defined) with the City of West C University Place, either the said King or A~lstott, and/or the above-named surviving wife of either shall begin drawing retirement benefits by reason of this agreement, the accumulated deposits standing to the credit of such member's account with Texas Municipal Retirement System shall first be used to pay the applicable benefit, and upon exhaustion of such accumulated deposits the City of West University Place covenants and agrees in such event to pay to Texas Municipal Retirement System monthly for so long as a benefit shall , continue to be payable to the said King or his surviving widow, and/or to the said Allstott or hissui'viving widow, an"amount (over and above the otb:r sums herein covenanted to be paid by the City) equal to the benefit",payable for such month to the said King or his widow, and/or to the said Allstott or his widow. In event the said King or the said Allstott shall continue in active service until such time as would entitle 'said person to service retirement (had he been a member of Texas MuniciPal Retirement System during his entire period of creditable service, as above defined), then in event of his service retirement (or in event a benefit becomes payable to the above-named wife of said person , by reason of 'his death in service), the City agrees to pay to Texas Municip;al Retirement System monthly so long as the said benefit shall' continue to be payable pursuant to this agreement, the amount' by which such' benefit shall exceed the benefit which would regularly be payable under Chapter 75, supra, on account of any member who had performed the equivalent creditable ,service, and had achieved the same'age~ III. VOLUNTEER FIREMEN'S TRUST ACCOUNT; BENEFITS PAYABLE TO ACTIVE AND RETIRED ,VOLUNTEER FIREMEN AND THEIR BENEFICIARIES. ..., . " , 1. It is agreed that all assets of the Firemen's ,Relief and Retirement Fund' of the City of West University Place remaining after transfer of the sums provided'for under subsection 3 and subsection 6(c) of Section II of this agree- ment, shall be transferred into a special account in tp.e Endowment Fund of the Texas MunicipaJ,. Retirement System, which special account shall be entitled the "West University Place Volunteer Firemen's Trust Account", and which shall be held and maintained by the System for the following purposes: ",0'.,..,.. '.. (A) F0r the continued payment of monthly benefits of the amounts now being paid to the herein below-named retired volunteer members and beneficia ries of the existing Firemen's Relief and Retirement Fund, or which may become payable to the' wife of any such retired volunteer;'and (B) For the' payment of benefits as hereinbelow provided to such of the active volunteer firemen (hereinbelow named)' who are presently members of the eXisting Fund and who may:becbmeentitled to a benefit as provided below; and to pay widows benefits to' the surviving' wife 01 any such qualifying volunteer fireman. ~ ~;- .,.~ .~..."., ',.' ',t' 2. The' following named persons are volunteer firemen who retired as eligible members of the Firemen's Relief and Retirement Fund of the City of West University Place, and following their respective names is the name of the person' to whom they we~e'married at the time of retirement, and who may become entitled to a Widow's benefit from the fund: o '. m Wife,to Whom Married at Retirement ObC'eQI.5ed Louise Metcalf - " Lucille Tully , , , Flora Rose , ", .. ' "No"r.ec6rd" Retiree J. A. Metcalf ,.j G. P. Tully v~ B. L. R9~~t J. C. King - ,.... - '. -.:: ...} ~ ~." . . ~ "f5:7 Each named retired fireman is presently drawing $25 per month as pension. In addition to the retired firemen above named, Mrs. Connie Golden, widow " of J ~ L. Golden, deceased, is presently drawing a widow's pension of $16.67 per month from the Firemen's Relief and Retirement Fund. o \ ,', , rj1 LJJ II It is agreed that each such monthly benefit shaU continue to be paid to the person entitled thereto, and that they shall constitute charges agafnst, and shall be p'aid from, the Voliinteer Firemen's Trust Account. In event of the death of any of the retired volunteer firemen named above, and if his above-named wife survives him, she shall be paid a widow's pension of $16.67 per month for her li!etime. . . . I _ _ . ,.J. (A) , , The following named' perspns are volunteer firemen' who are presently , members 'of the Firemen's R@lief and Retirement ~und of the City of West U~iversity Place, who':::;have served.as'such since the date following their respective names: Name Date of Beginning Service / ';:W~,~ ii~~~~~l~r~, . ',' ~=~?~1 John \l.Car4one;/ ~~ ll-1-57 / ~a:ie~.~:h~~;9Jt~~~'_ /&~~=~~ . John M. Da~is:~' '~ ",\../.-/ ' 1-7-64 Wm. R.Ellmgton~",D ;!-.. .', '. 4~3-62 Joe A., ,Gay , , . _;;.~}~/ ' .' , 1-2-62 Henry Schultz ~ ~7':' "d' 6-19:"63, <Jj, ~Cha,.ries ~.' q~~sse.~ ~,.,; .', 4~5-6060 t/ Da.vid M.' Harris' . i. . ,0 5-3-, , . Go' T.,Hutcherson'~/c?~"-:hl4!/ 9~1-52 Antho~ P. Lenz, Jr~v~'i-' ,3-62 'E<!ward J. ,:Kuebler ./' R~/n.UI..:, . 4::'5-:-60 'P',~0e.A~'M:ea~OIli :,V', ;~':~;[~~v"/. 4-60' " " ~:'~)Y~e~~~;a~. ~~9 ... . ~en}~., N;isb~t,,,,,!r: j) ',O'~j .10~1-60 . , ., .c, Eo'~A~"Sh~r:r::l.I? :~~;.;:::...fl:~~~_ l~-5=52 ., __ _ Ir Rus,s,e,JA+ 0,. ,S~r~tt,0:a" ") ":,., c. 'I ,,~r~~q-6.3, ~ ',?\ ',"': f!. Arthlu<E..:' Vacek ,; "',':, ,.... ,""':' "1:":5-4 . ," ,.. '," ,,:j,~': ":,', d '\;,,%;~\~ , .' . ,,' , (:8) '"It{.is',agr.eed -that in the event of any of' the above-named volunteer' firemen's Cql~tij.1nj~ng"t0 perform. service as a volunteer fireman of the City of West'Ynive;t?'~:i~&-:'F:I;.a~e_'{~~~€:m.~"determ.ination, to be made and certified by the _, ...' -~~.. ;:.~~~.~i'\ ':': : '~ . '.~ II "i"'llillllJllllllllllir' Wife no wife MargUerite Bloxsom . no wife no wife Carol Ann Darrough. , Virginia Davis Ardentha Ellington no wife Wanda Joy Schultz Betty Glasse no wife Ruth Hutcherson no wife Norma E. Kuebler no wife Ethel Reynolds no wife no") wife Catherine Sherrill . -"~ ;,,~~qi~)~~~a14-pJJ;-,~ ----"T '...---~~ , .. Evelyn -Vacek ,:" ,,- ' ..JiJ1l1l1l.1 I, I , I If f I .' ...~ t! 8 "i;i II., Ii Volunteer Firemen's Pension Committee, hereinafter provided for); until he has twenty years of active service as such volunteer fireman, such person shall be entitled to .receive out of the Volunteer Firemen's Trust Account a benefit, begiilIiing at' age fifty-five (55) of Twenty-Five Dollars ($25.00) "Per month; and if the person above named as the wife of such firemen shall,survive such fireman after he retires, or after he has become entitled to retire be- ' cause of age and servic~, there shall be paid to her out of the said Trust 'Account a monthly benef'it in the sum of' $16.67 for and during her lifetime. . .-1 _ ." _ _ _- ~_~_ .., --\_ _, - _ _' . _'r.~....,q...v.,.,.,<--,,,-..!O ""."," , <-';'-."h~'.TC) Y':i:~the'ev~~tof"~Y '~fth~ ';~i~t;~;'fi~~;n~~'~~~'d ~b~~~"b~~Q~i~-g ..',.. tq:ta.1Iy'disabledfrom performanc$of his duty as a'consequenceof the performance o:e his duty as a volunteer "fireman of'the'City ofWestUniversityPlacei',he.,' " ,I~:~;;1', ,;;' ,~'~i\ii~~e~>\iTe;~&ifeiO: ;,'Said':'].~siO~ffAeci~~.Ilmii.i~l!)e~fuljitts;ti:r.1I!n€,ets'u&li~ITd'fsili.lt~~~\1," '~:' 'j;:., , , of $25.00; if he shall die as a' result' of any such disability so incurred, there shall be paid to his above-named wif'e (if' she survives him) a monthly benefit of $16.67 out of said Trust Account. ,. : ~'''':'..J'~~~~''''1'~~lA'.l9;~...r,;:-;~~~.t.......Jo< ;;. '..-\.b....'~"'I'r~.. " ". ~'.','(' ..r~'"tt~ - ,..q~~~" ".'i~' "-' "J1'J'~'?->~~~.'i'1i~..y-,~~._:';.1:?-i..- <.:.l.,?;":.;;.:;.'I;{':~~.}.Z""'NtVt::"-~~H~~~\P';'..'>?',,;;VJ:-- ,~:;..:.." ..-b.~~. ~~~i~~~~p..;::)., r-J:. . 4. The Mayor, , the City Treasurer', and' thJ:ee' members' of the FirE/"])epa.rc'-"'" , ment of the City of West University Place who mem'bers'of the System, and who are selected to act by vote of' the members of the'Fire Department, shall con- stitute a "Volunteer-Firemen' s Pension Committee", and they shall have the: responsibility and duty of determining.and' of certifying' to the Board of Trustees of the Texas Municipal Retirement System,' all matters of fact relatj,ng to the performance of duty by'the above-named persons as volunteer firemen of the City of West University Place; matters determined by affirmative vote of four members of the Committee' shall be binding and non-reviewable. o ( 1 - ~ . 0"1 o 5. It is recognized by the City of West University Pl.ace, and by Texas Municipal Retirement System, that the present and prospective liabilities 'of' the "Volunteer Firemen's Trust Account'" are in excess of the funds and assets which are to be transferred to said Trust Account out of the existing assets of' the Firemen's'Relief and Retirement Furid of' said City at the time of' merger. In consequence, the City of West University Place agrees to make monthly contributions to said Trust Accourit of' such sums as the actuary of' the Texas Municipal Retirement System shall calculate is required to amortize withitl' a period of twenty-five years from date of merger all obligations of the ____..~~,;!t;.,.A...~__~1f~~Qt_~~.,...~~~~~~~~~:tg.. ~t~llg..jt,jJ.IlI.~"""",,,"';"~.M'""~"" of merger. In return it is agreed that if any sum remains to the credit of said Trust Account after payment of all benef'its which this agreement contemplates are to be paid theref'rom, the balance then' remaining shall' bet:r:ansferred to the credit of the 'City of West University Place account in the Municipality Prior Service Accumulation Fund with the System, . or if' that Account is then satisfied, to the Municipality Current Service Accumulation Fund of said City. ^ IV. INVESTMENT OF ASSETS TRANSFERRED. All assets of the Firemen I s Relief and Retirement Fund which aretransf'erred to the Texas' Municipal. Retire- ment System shall become a part of the general assets of the System, ^and shall ~- be invest~~"'a'S''''l!''''~; but in ~...'W~...~~@?"~ and ~ monies of ,.,theSystem, in such securities as are authorized by" 1a;w..,..as"",investments ,,"',' ">,, for the'System. ,. rn J o o - ~ -'15'9'; Section 3. That the City Treasurer 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, all as required by said Board under the provisions of Chapter 75, Adj;s of the 50th Legislature of the State of Texas, as amended,' and the City Manager is hereby authorized and directed to ascertain and certify officially on' "behalf of the City of West University Place,--Texas,the"prior serv:ice and : special prior service rendered to the said municipality by each of the employees of the Fire Department, and the average prior service compensation received by each, and to m8.ke and execute all other reports andcertificates;'whichmay bere~uired of the City of West University Place, Texas, under the provisions of Chapter 24, Acts Regular Session 51st Legislature, as amended, or under the above con- tractor the rules and regulatiqns of the Board of Trustees of the ,Texas Muni- cipal Retirement System. PASSED AND APPROVED this ' 22nd "COMMISSIONERS VOTING AYE: All. r" - ~ ATrEST: 01~#d '~~f,i~k) , ss~stant ~ y Secre ary '"<......,; APPROVlm'.As ~TO FORM: City Attorney _~__~ ..L......;._---1.L_~L_~.. .........a _~~L .--.. da.y of I 1964. .Tune COMMISSIONERS VOTING NO: None ~J~~ , , ,. MAYOR ....,.~ I .LlJillIJ: