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Home My WebLink AboutOrd 1567 - participation TMRS "20 year" Sent by: Cole & Dougnerty 713-880-141f 11/05/97 13:32 Job 530 Page 2/4 Ordinance No. 1.5..6..Z AN ORDINANCE AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM; GRANTING THE ADDITIONAL "20-YEAR" RIGHTS AUTHORIZED BY SECTION 854. 202 (g) OF TITLE 8, TEXAS GOVERNMENT CODE... AS AMENDED; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PRESCRIBING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. Pursuant to the provisions of Section. 854.202(g) of Subtitle G of Title 8. Texas Govenllnellt Code, as amended. which Subtitle shan herein be referred to as the "TMRS Act", the City of West University Place, Texas. adopts the following. provisions affecting participation of its employees in the Texas Municipal Retirement System (herein referred to as the ;4System'>1 (a) Any employee of the City who is a member of the System is eligible to retire and receive a service retirement annuity if the member has at least 20 years of credited service in the System performed for one or more-municipalities that have adopted a_like provision under Section 854.202(g) of tIle TMRS Act (b) Prior to adopting this ordinance, the govenling body of the City has: (I ) prepared an actuarial analysis of member retirement annuities at 20 years of service; and (2) held a public hearing pursuant to the notice provisions of the Texas Open Meetings Act. Chapter 551, Texas Govemment Code. (c) The rights hereinabove authorized shaH be in addition to the plan provisions heretofore adopted alld in force at the effective date of this ordinance pursuant to the TMRS Act. Section 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. -- - - '---~--~'------ -.---- ---~--T'=O~~"-~~I~~~r'. L:-J r~'-"'--~~C'C~~'.l . ,. , . ~..,:I, urB'-- 'IITIrnl;JJrInr' .- - Sent by: Cole & Dougherty 713-880-1417 11/05/97 13:33 Job 530 Page 3/4 Section 3. Ifany 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, neither the remainder of this ordinance, nor the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances, shall be affected thereby. Section 4. The City Council officially finds, detennines 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 Texas Open Meetings Act, 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 confinnssuch notices and the contents and posting thereof. .)~ecli(}n 5. January This ordinance shaH become effective on the ~ day of 1998 ,-. L< "~ r-. "-:1:1"..:1. :.I.J.~ --- -------'-~~rmT1II"i.rnl:rTrrr' Sent by: Cole & Dougherty 713-880-1417 11/05/97 13:34 Job 530 Page 4/4 rJ!-2.ASSED AND APPROVED ON FIRST READfNG, this ~y of /~ ' 191'7 Council members Voting Aye: Council members Voting No: Council members Absent: ,g ~N. S. SED.. AND APPROVED ON SECOND READfNG, thi~ of ~~ 190 COWlcil members Voting Aye: Council members Voting No: Council members Absent: Mayor Attest: (Seal) ~~ City Attonley c:.....;4.,olmrs ~---~--~~~;-- - I.::-~-=""~"O;:-;;;O"~i,,-~'''''''=Cj._-.:J. ['<n ",,"''''''''-'''''==''''''-==='~-:rr_..] , ;i.._'T:TLIi'.li:I'"'-- """"lff.l:rmrrrmnrrmr-: Sent by: Cole & Dougherty 713-880-1Ql( ll/Utl/'::j( '::j:~O -.100 o~u rClYl:l t!.1t!. i 854.102 PUL...ilC RETIREMENT SYSTEMS Title 8 SUBCH.APl'ER B. SERVICE RETIREMENT BENEFITS t 854.102. Eligibility for Service Retirement AJmuity [See m.a.i1& 11Olu:nw ftrr (e) to (j)] (g) A member is eligible to retire. and receive a service retirement annuity if the member . i baaat1east.20 yeam of eredited service in the retirement system performed for one or more mUDicipalities that have adopted a like provision UDder Sec:tion 854.202Cg). ADlended by Acts JOOS, 74th Leg.. ch. 514, f 22, eff. Sept. 1, 1995i Acts 1996, 14th Leg., ch. 71f, f I, elf. Sept.!,l995. Historical and Statutory Notes 1996 Legi8lation Acts 1995. 74th Leg.. ch. 712 added a subsee. (g) .Acta 1995. 74th Leg.. ch. 514 added subsec. (g). identical to that added by eb. 514. f 854.106. No SurviringSpous~ Executor, or Administrator (a) If a surriVing spouse. or the executor or administrator of a member's estate, would be entitled to make an election under Section 854.105(e)beeaase of the death of the member, the heirs of the deceased member may make that election if: (1) no surviving spouse exists; . (2) Ilf) petition for the appointment of a pel'SOJ1al representative of the member is pendiDgor has been gran~; (3) 30 days-have elapsed since the death of the member; (4) the value of the entire assets of the member's estate. excluding homestead and exempt property, does not exceed $50.000; . ". '. , (6) there are not more than three heirs; and . .. '. (6) on me with the retirement . system is a' certified copy of a small estates affidavit that has been approved and filed in accordance with Section 137, Texas Probate Code, or an origiDal attidavit as described bySubseetion (b). . (b) It no affidavit bas been filed with the clerk of the court having jurisdiction and venue as provided by Section 137 01 the Texas. Probate Code, the retirement system may accept instead an8ffidavitsworn to by two disinterested witnesses, by the heirs who have legal capacity, and, if the facts warrant, by. the natural guardian or next of kinot any minor or iDcoInpetentwho is also an heir. The affidavit shall include the names and addresses of the heirs and witnesses, e$tabJish the fads listed in Subsection (a). include a list of the assets and 1fab~ of the estate, show the fsets that constitute the basis for the right of the heirs to reeeive the estate. and show the fractional interests of the heirs in the estate as a result of those facts. (c) If_the retirement. system, aetUtg through the direetor or a pel'SOD d-T'.tro by the director, approves the afftdavit, the heirs ean make the e1eetionif each. heir agrees to the e1eetion. .. . . - .-' (cD' In this sectiOll, "heirs" bas the meaning assigned by Section ~ Texas, Probate Code, except that the term excludes'. any -persons who have filed with the retirement system a pl"OpeI: di$claimer or-renunciation. . . Added by Acts 1995, 74th Leg... ch. 514.t 15. eft. Sept. 1. 1995. SUBCHAPTER C. OPTIONAL SERVICE RETlREMENT BENErrrs I 854.202. Additional Optional Service-Retirement Eligibility [See main volume far (~) t~. Wl c8:> ;The govemmg body may aUthorize' a menilierto ~tire and receive a ~ retttement benefit if the member has at least 20 years of credited service performed for one or more municipalities that have authorized eligibility under this subsection. 88 - ~II[1;rm":mmrmr;