HomeMy WebLinkAbout1988-1789 - Ordinance - 11/10/1988ORDINANCE NO. 1789
AN ORDINANCE AFFECTING PARTICIPATION OF CITY EMPLOYEES IN
THE TEXAS MUNICIPAL RETIREMENT SYSTEM; GRANTING THE
ADDITIONAL RIGHTS, CREDITS AND BENEFITS AUTHORIZED BY
SECTIONS 62.105, 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 THE CITY OF COLLEGE
STATION, TEXAS:
WHEREAS, pursuant to the provisions of Sections 62.105,
64.202(f), 64.204, 64.405, 64.406, and 64.410 of Subtitle G
of Title 110B, Revised Civil Statutes of Texas, 1925, which
Subtitle shall herein be referred to as the "TMRS Act," the
City of College Station, Texas, adopts the following
provisions affecting participation of its employees in the
Texas Municipal Retirement System (which retirement system
shall herein be referred to as the "System"):
(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
1, 1987, or have adopted a like provision under Section
64.202(f) of the TMRS Act.
(b) If a "vested member," as that term 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 member's accumulated
contributions in event of the members 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 terms 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not been withdrawn before such time as the member, if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.
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(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.
(d) Any employee of this City who is a member of the
System and who performed service for this City prior to
September 1, 1987 (for which service that employee did not
receive credit with the System because the employee was not
at that time a member of the System due to his or her age at
the date of his or her employment) is hereby granted service
credit with the System for all of such service (performed
after the date of his or her latest employment by the City)
that is prior to September 1, 1987, for which the employee
has not previously received credit with the System, pursuant
to section 62.105 of the Act.
(e) 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.
(f) Any employee of this City who is a member of
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 therefore 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 performance 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.
(g) 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.
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NOW, THEREFORE, this ordinance shall become effective on the
first day of January, 1989, provided that it has previously
been determined 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.
Passed and approved this the loth day of November, 1988.
ATTEST:
r_
Dian J9hes, City Secretary
APPROVED:
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