1993-198-E:\WPDOCS\ORD\TMRS
ORDINANCE NO. ~3 /9P
AN ORDINANCE AFFECTING THE PARTICIPATION OF CITY EMPLOYEES IN THE
TEXAS MUNICIPAL RETIREMENT SYSTEM; GRANTING THE ADDITIONAL RIGHTS,
CREDITS AND BENEFITS AUTHORIZED BY SECTIONS 854.202(F), 854.204,
854.405, 854.406 AND 854.410 OF TITLE 8, V.T.C.A., GOVERNMENT CODE,
AS AMENDED; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That pursuant to the provisions of Sections
854.202(f), 854.204, 854.405, 854.406 and 854.410 of Subtitle G of
Title 8, V.T.C.A., Government Code, as amended, which Subtitle
shall herein be referred to as the "TMRS Act," the City of Denton,
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 August 31, 1987, or have adopted a like provision under
Section 854.202(f) of the TMRS Act.
(b) If a member to whom subsection (b) of Section 854.204 of
the TMRS Act is applicable, 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 the event of the member's
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 854.204(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withdrawn before such time as the member, if living, would have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 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) 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 854.408 of the TMRS Act or an "optional oc-
cupational disability retirement annuity" under Section 854.410 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 performance of the duties of the mem-
ber's employment; (2) that the disability is likely to be perma-
nent; and (3) that the member should be retired. Any annuity
granted under this subsection shall be subject to the provisions of
Section 854.409 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 854.301
to 854.308 of the TMRS Act.
SECTION IT. That this ordinance shall become effective on the
1st day of January, 1994, provided that it has previously been
determined by 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 1~day of , 1993.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
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