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HomeMy WebLinkAboutOrd 1701 - increased prior and current service annuities TMRS l r ORDINANCE NO. 1701 AN ORDINANCE PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES UNDER THE ACT GOVERNING THE TEXAS MUNICIP AL RETIREMENT SYSTEM FOR RETIREES AND RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY OF WEST UNIVERSITY PLACE, AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE Sectioll 1 ~ Increase in Retirement Arnl11ities~ (a) On the terms and conditions set out ill Sectio"ns 854~203 alld. 853~404 of Subtitle G of Title 8, GoverlID1ent Code, as mnellded (hereinafter referred to as the "TMRS Act"), tIle City l1ereby elects to allow and to provide for payment of the illcreases below stated ill mOl1thly benefits payable "by the System to retired employees llild to beneficiaries of deceased employees of tIle City l111der currellt service aruluities and prior service annllities arising form service by stIch employees to the City. An 81IDllity increased ll11der tllis secti 0 I\. replaces any annllity or increased annuity previollsly grm1ted to the same persoll~ (b) The amount of tl1e annuity increase Ullder tllis sectioll is C0111putecl as the sum of tile prior service and current service al1l1l1ities all" th.e effective date of the retirement of tIle persoll on wll0se service t11e amluities are based, multiplied by 70% of tIle percentage cl1allge ill COl1sumer Price Index for All Urban Consluners frorll December of tIle year imluediately preceding tIle effective date of the :persoll's retirement to the Decem"ber that is 13 months before tIle effective date of the increase under this Section. (c) An increase ill an annuity that was redu.ced" becallse of a11 option selection is reducible in the proportion aIld in the sanle l11a1Uler tllat tIle original annuity was reduced. (d) If a cOlnputation llerellnd.er does 110t reSlllt :ill all il1GreaSe in tIle amount of an arnluity, the mTIOUllt of tIle ill1l1Uity will 110t be CllaIlged herellnder. (e) The 81110unt by wllicl1 an increase tmder tllis Sectiol1 exceeds all previollsly grallted illcreases to all amluitant is all o.bligatiol1 of tbe City and of its account ill tIle Ivlunicipality aCCl1111l11ation fU~l1d of tIle System~ Dates of Increases. Su.bject to approval of the Board of Trustees of the System, this ordinatlCe shall be and beCOlne effective OJl tIle 1 st day of January 2002. AIl increase ill retirelnent alll1uities shall .be l11ade llereunder on January 1 of eacll sllbseqllel1t year ulltil tl1is ordil1ance ceases to be in effect u.nder su.bsectioll (e) of Section 853.404 of tIle TMRS Act, provided that, as to SllC.h subsequent year, the actuary for the SystelTI l1as made tIle deter111il1ation set fortIl ill sllbsectioll (d) of Section 853.404 of tIle TMRS Act, and provided further that, as to stIch sllbseqllellt year, tIle City llas an ordil1ance ill effect tllat provides for a SilTIllltalleOlls illcreases Ul lllJdated service credits as that terl11 is llsed ill tIle TMRS Act. Sectio112. TIle matters 811d facts set out in the prealuble of this ordil1ance are found at1d deternlined to be trll.e and correct and are l1ereby approved and adopted by tIle City COUI1Cil. Sectioll 3. All ordinances and parts of ordinances ill COl1flict 11erewitb are l1ereby repealed to tIle extel1t of tile conflict Dilly. Sectio114. If any word, plu.ase, clause, selltence, ~paragralJll, seetioll or other part of this ordil1ance or tile ap.plication tllereof to lilY perSOll or cirCllffistance, shall ever be l1eld to .be invalid. or lll1COllstitutional by any court of competel1t jurisdiction, neitller the re111ail1der of tllis ordinance, .llor tIle applicatiol1 of StIch word., phrase, clallse, sellte11ce~ paragraph, sectiol1, or other part of tllis ordin.at1ce to allY otller perSOJ1S or cirCllffist811ces, sllall be affected tllere.by. Section 5 ~ The City Council officially finds, deterluil1es and declares that a sufficient writtel1 llotice of tIle date, 11our, place al1d sllbject of eacll meeting at Wllicl1 tIns ordillance was discllssed, C011sid.ered, or acted upon was giVe!l ill tIle mal1l1er required by tIle Open. Meetings Act, Chapter 551, Texas Local Governluent Code, as all1el1ded, and tllat eacll SU.cll Ineeting l1as been ope11 to tIle pllblic as required by la\v at all times during such discussion, consideration alld actioll~ TIle Cit)T COUI1Cil ratifies, approves al1d cOl1firlns SllC11 notices and tIle C011tents and pOStil1g thereof~ PASSED AND APPROVED ON FIRST READING, this 22ntl da)J of October 2001~ V Otillg Aye: V oting Nay: Absent: PASSED AND APPROVED ON SECOND READING, this 12th day of November 2001. Voting Aye: V Otillg Nay: Absent: SIGNED: Lillda Lewis, Mayor ~ Ajov aylYilll Holloway City Secretary (SEAL) Jim DOllgllerty City Attoflley