Loading...
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 If the accumulated deposits have not been withdrawn before such time as the member, if living, would have become entitled to service retirement, the surviving spouse may elect to receive, in lieu of the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 d .0a PAGE 2 APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: PAGE 3