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HomeMy WebLinkAboutOrd 1754 - TMRS "updated service credits" ORDINANCE NO. 175(~ j7SY AN ORDINAN'CE AUTHORIZIN'G AND ALLOWING, UNDER THE AC.T GOVERNING. THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM ON AN ANNUAL BASIS FOR SERVICE PERFORMED BY QU'ALIFYING MEMBERS OF SUCH SYSTEM WHO AT THE EFFECTIVE DATE OF THE ALLOWANCE ARE IN' THE EMPLOYMENT OF THE CITY OF WEST UNIVERSITY PLACE; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; TO INCREASE THE RATE OF DEPOSITS TO THE TEXAS MUNICIPAL RETIREMENT SYSTEM BY THE EMPLOYEES OF THE CITY; ESTABLISHING AN EFFECTIVE DATE FOR T'RE ORDINANCE; AND DECLARING AN EMERGENCY NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1 ~ Alltllorization of Upd.ated Service Creclits~ (a) 011 the tenns and. COl1ditions set Ollt in SectiollS 853 ~40 1 thrOllgh 853 ~404 of SU.btitle G. of Title 8, Governmellt Code, as alnel1ded (llereillafter referred to as the "TMRS ACTf'), each nleluber of tile Texas Mu'nicipal Retiremellt System (llereil1after referred to as the n System") who lIas current service credit or prior service credit in tIle System in force al1d effect 011 the 1st day' of January of the calendar year preceding SUCll allowance, by reason of service ill tIle employtuent of tIle City, al1d 011 SlICh date 11ad at least 36 montlls of credited service wit11 the Systel11, sllaIl be and is l1erebyallowed nUpdated Service CreditU (as tllat term is defined in Sllbsection (d) of Section 853~402 of the TMRS Act). (b) On tlle terlTIS and conditions set 011t in Section 853.601 of the TMRS Act, any member of tIle Systeln WIlD is eligible for Updated Service Credits 011 tIle basis of service with this City, WilD 11as llnforfeited credit for prior service alld/or current service witll another participating ffitmicipality or municipalities by reason of previOtlS service, ffild was a COl1tributil1g .lnember 011 the 1 st day of January of the calelldar year preceding such allowallce, shall be credited with Updated Service . . . . . , .. .: Credits pui~udnt to, calculated in accordance with, "hud subject to adjustment as set forth in said Section 853~601, botll as to the initial grant hereunder and all future grants under tl1is ordinance~. (c) TIle Updated Service Credit l1ereby allowed and provided for shall be 100% of the ubase Updated Service Creditn of tIle member (calculated as provided in subsection (c) of Section 853~402 of the TMRS Act)~ (d) Eac11 Updated Service Credit allowed llereunder sllall replace any Updated Service Credit, prior service credit, special prior service credit, or alltecedellt service credit previously authorized for part of the same service~ (e) In accordance with tile provisions of Sllbsectiol1 (d) of Sectiol1 853~401 Q.ftlle TM.RS Act, tIle deposits required to be made to the System 'by elnployees of the several participatil1g departments on account of current service shall be calculated fro.m an.d after the effective date of this ordil1ance on tIle full amolmt of SllCll person's compensation as an eluployee of the City. Section 2~ Il1crease in Retirement Annuities. (a) 011 terll1S and. conditions set Oilt in Sectiol1 854.203 of the TMRS Act, tIle City l1ereby elects to allow and to provide for paynlellt of the increases below stated in nlonthly benefits payable by the Systen1 to retired employees alld to belleficiaries of deceased employees of tIle City under currellt service armllities and prior service annuities arisil1g from service by such employees to tile City.. An mmuity increased under this Section replaces any annuity or increased, anIl11ity previollsly grallted to the same person. (b) The amount of the aruluity' increase und,er tllis. Section is comptlted as tlle sum of tlle prior service alld current service armuities on tile effective date of retiremel1t of tIle person on wllose service tile atUluities are based, multiplied by 70% of the percentage chal1ge in Consumer Price Index for All Urb811 Consumers, from December of the year immediately preceding the effective date of tIle person's retirenlel1t to tIle Decelnber that is 13 months before the effective date of this Section~ (c) An il1crease in an mllillity tllat was reduced because of an option selection is reducible in tIle same proportion and in the smne manner that tIle original anlluity was redllced. (d) If a COluputation hereunder does 110t reSlllt in an increase in tIle atl10l1l1t of an aru1tlity, the amount of the annllity' will not be Challged herellnder~ (e) TIle amount 'by which an il1crease llnder this Section exceeds all previously granted. illcreases to an aruluitant is all obligation of tIle City alld of its aCCOllllt in tIle municipality accunlulation fllnd of tIle System~ Sectioll 3. Dates of Allowances and. Increases. TIle initial allowance of Updated Service Credit al1d Increase in Retirement Annuities hereunder sllall be effective 011 J anllary' 1, 2004, sllbject to approval by the Board of Trllstees of tIle System. An allowance of Updated Service Credits and an increase in retirel11el1t aruluities sllaIl be made herellnder on J al1uary 1 of eacl1 subsequent year llntil this ordinance ceases to be in effect lmd.er su,bsection (e) of Section 853.404 of the TMRS Act, provided that, as to StIch subseqllel1t year, the aetuary for the System has nlade the determillation. set forth in. subsectiol1 (d) of Section 853..404 oft11e TMRS Act. Sectioll 4. TIle pllblic iluportance of this meaSllre and tIle reqtlirements of tIle law create an emergency and an lrrgent public necessity requiring tllat tllis Ordinance be passed al1d tal<e effect as an emergency measure, atld a state of emergency is l1ereby declared, atld tllis Ordil1ance is accordingly passed as an enlerg.ency measure and shall take effect immediately upon adoption lli1d signatlrre. BE IT FURTHER ORDAINED: Increased Deposit Rate: All employees of tIle City, who are l11embers of tIle Texas Municipal RetireUlent Systelu, shalllual(e deposits to the System at the rate of 70/0 of t11eir individual earnings effective 1 st day of Janllary 2004~ Effective Date. Subject to approval by the Board of Trllstees of tIle Systeln, tllis ordinallCe shall be and beconle effective on tIle 1 st day of January PASSED AND APPROVED AND ADOPTED, this 8th day of October 2003. Voting Ay~: ~A de 7e- ~J ~ ~t:~ ~~4 S. ~~ ~ d.b~ V oting Nay: ?t'~:..e- Absent: C~ u'/ ;?/l.eA~..i /?.uL'J ~ ~~ L9'~~ ATTEST: (SEAL) Signed: K lyrul Holloway City Secretary Steven Segal Mayor Pro Tern Reconunellded: Reviewed: Jt4l~.. Michaellftoss City Matlager (SEAL) Jim DOllgherty City Attofl1ey