HomeMy WebLinkAboutOrd 1331 - ORD Affecting Participation of City Employees in TRMS Granting Additional Rights
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ORDINANCE NUMBER 1331
AN ORDINANCE AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE TEXAS
MUNICIPAL RETIREMENT SYSTEM; GRANTING THE ADDITIONAL RIGHTS, CREDITS
AND BENEFITS AUTHORIZED BY SECTIONS 64.202(f), 64.204, 64.405, 64.406
AND 64.410 OF TITLE 110B, REVISED CIVIL STATUTES OF TEXAS, 1925, AS
AMENDED BY THE 70TH LEGISLATURE; AND PRESCRIBING THE EFFECTIVE DATE
OF THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF WEST UNIVERSITY PLACE, TEXAS:
Section 1. Pursuant to the provisions of Sections 64.202(f),
64.204, 64.405, 64.406, and 64.410 of Subtitle G of Title 110B, Revised
Civil Statutes of Texas, 1925, as amended by the 70th Legislature of
the State of Texas, Regular Session, which Subtitle shall herein be
referred to as the IITMRS Act, II the City of West University Place,
Texas, adopts the following provisions affecting participation of its
employees in the Texas Municipal Retirement System (which retirement
system shall herei n be referred to as the IISystemll):
(a) Any employee of this City who is a member of the System is
eligible to retire and receive a service retirement annuity, if the
member has at least 25 years of credited service in that System
performed for one or more municipalities that have participation dates
after September I, 1987, or have adopted a like prOVision under Section
64.202(f) of the TMRS Act.
(b) If a Ilvested member, II as that tem is defined in Section
64.204(b) of the TMRS Act, shall die before becoming eligible for
service retirement and leaves surviving a lawful spouse whom the member
has designated as beneficiary entitled to payment of the memberls
accumulated contributions in event of the memberls death before
retirement, the surviving spouse may by written notice filed with the
System elect to leave the accumulated deposits on deposit with the
System subject to the tenms and conditions of said Section 64.204(b).
If the accumulated deposits have not been withdrawn before such time as
the member, if living, would have become entitled to service
retirement, the surviving spouse may elect to receive, in lieu of the
accumulated deposits, an annuity payable monthly thereafter during the
lifetime of the surviving spouse in such amount as would have been
payable had the member lived and retired at that date under a joint and
survivor annuity (Option 1) payable during the lifetime of the member
and continuing thereafter during the lifetime of the surviving spouse.
(c) At any time before payment of the first monthly benefit of an
annuity, a surviving spouse to whom subsection (b) applies may, upon
written application filed with the System, receive payment of the
accumulated contributions standing to the account of the member in lieu
of any benefits otherwise payable under this section. In the event
such a surviving spouse shall die before payment of the first monthly
benefit of an annuity allowed under this section, the accumulated
contributions credited to the account of the member shall be paid to
the estate of such spouse.
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Ordinance Number 1331
(d) The rights, credits and benefits hereinabove authorized
shall be in addition to the plan provisions heretofore adopted and in
force at the effective date of this ordinance pursuant to the TMRS
Act.
(e) Any employee of this City who is a member of the System is
eligible to retire and receive a "standard occupational disability
annuity" under Section 64.408 of the TMRS Act or an "optional
occupational disability retirement annuity" under Section 64.410 of the
TMRS Act upon making application therefor upon such form and in such
manner as may be prescribed by the Board of Trustees of the System,
provided that the System's medical board has certified to said Board of
Trustees: (1) that the member is physically or mentally disabled for
further perfo~ance of the duties of the member's employment; (2) that
the disability is likely to be permanent; and (3) that the member
should be retired. Any annuity granted under this subsection shall be
subject to the provisions of Section 64.409 of the TMRS Act.
(f) The provisions relating to the occupational disability
program as set forth in section (e) above are in lieu of the disability
program heretofore provided for under Sections 64.301 to 64.308 of the
TMRS Act.
Section 2. This ordinance shall become effective on the 1st
day of January , 19~, provided that it has previously been
dete~ined by the Actuary for the System that all obligations of the
City to the municipality accumulation fund, including obligations
hereby undertaken, can be funded by the City within its maximum
contribution rate and within its amortization period.
Section 3. All ordinances and parts of ordinances in conflict
herewith are hereby repealed to the extent of the conflict only.
Section 4. If any word, phrase, clause, sentence, paragraph,
section or other part of this ordinance or the application 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 5. 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 public 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.
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Ordinance Number 1331
PASSED AND APPROVED ON FIRST READING, this 14th day of
November ,1988.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent
PASSED AND APPROVED ON SECOND READING, this 28th day of
November . J988.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
Signed:
Beth A-n-n- -B-ryan---- - - - ----
Mayor Pro Tem
(A nEST)
Approved as to Form:
Audrey N'i c'h"ols--
City Secretary
(SEAL)
James L. D"o-ugherty~- Jr.
City Attorney