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Ord 104-91 12/3/1991 ' a ,/ l ORDINANCE NO. /OI� AN ORDINANCE AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM; GRANTING THE ADDITIONAL RIGHTS, CREDITS AND BENEFITS AUTHORIZED BY SECTIONS 852.105, 854.202, 854.204, 854.405, 854.406 AND 854.410 OF TITLE 8, V.T.C.A. , GOVERNMENT CODE, AS AMENDED, AND PRESCRIBING THE EFFECTIVE DATE OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF WICHITA FALLS, TEXAS: Section 1. Pursuant to the provisions of Sections 852.105, 854.202, 854.204, 854.205, 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 Wichita Falls, 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) An employee of the City who is a member of the System may terminate employment and remain eligible to retire and receive a service retirement annuity at any time after that member attains an applicable age and service requirement, if that member has at least ten (10) years of credited service performed for one or more municipalities that have authorized eligibility under Section 854.202(c) of the Act or are subject to Section 854.102(e) of the Act. (b) An employee of the City who is a member of the System may retire and receive a service retirement annuity if that member is at least sixty (60) years old and has at least ten (10) years of creditable service performed for one or more municipalities that have authorized eligibility under this subsection or are subject to Section 854.102(e) of this subtitle. (c) 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. (d) If a member to whom subsection (b) of Section 854.204(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 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 the 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. Page 3 of 4 Pages Agenda Item No. -v/ + (e) At any time before payment of the first monthly benefit of an annuity, a surviving spouse to whom subsection (d) 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. (f) 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 852.105 of the Act. (g) 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. (h) 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 occupational 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 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 854.409 of the TMRS Act. (i) The provisions relating to the occupational disability program as set forth in section (h) above are in lieu of the disability program heretofore provided for under Section 854.301 to 854.308 of the TMRS Act. Section 2. This ordinance shall become effective on the first day of January, 1992, 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 3rd day of December, 1991. ATTEST: APPROVED: ity Clerk yor Page 4 of 4 Pages Agenda Item No. Ad 447418. Affidavit of Publicatioti ORDINANCE NO.102-91 ORDINANCE WAIVING APPEN- THE STATE OF TEXAS DIX A,SUBDIVISIONS SECTION 9(B)(2)(a)OF THE CODE OF COUNTY OF WICHITA ORDINANCES WITH RESPECT TO • PLACING CURB AND GUTTER ON THE WEST SIDE OF CITY VIEW LANE NORTH OF ITS IN- 4ere) TERSECTION WITH AIRPORT 1 6th December DRIVE,ADJACENT TO THE EAST On this day of LINE OF LOT 1, BLOCK 1, ALDERETTE ADDITION ORDINANCE NO.103-91 1991 ORDINANCE APPROPRIATING A.D. personally appeared before me, the undersigned authority FUNDS RECEIVED FROM THE TEXAS DEPARTMENT OF HIGH- DCTrZCe Ming WAYS FOR OPERATING AS- bookkeeper SISTANCE FOR THE TRANSIT FUND for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls ORDINANCE NO.104-91 PA ORDINANCE AFFECTING CITYTIN EM- Times/Record News, a newspaper published at Wichita Falls in Wichita County, PARTICIPATION OF CITY EM- p PLOYEES IN THE TEXAS MUNICI- PAL RETIREMENT SYSTEM: Texas, and upon being duly sworn by me, on oath states that the attached GRANTING THE ADDITIONAL RIGHTS,CREDITS AND BENEFITS advertisement is a true and correct copy of advertising published AUTHORIZED BY SECTIONS 852.105, 854.202, 854.204, in (1) one 854.405,854.406 AND 854.410 issues thereof on the following dates: OF TITLE 8,V.T.C.A.,GOVERN- MENT CODE, AS AMENDED, D e C e m IJ e r 13, 19 91 AND PRESCRIBING THE EFFEC- TIVE DATE OF THIS ORDINANCE ORDINANCE NO.105-91 AN ORDINANCE AUTHORIZING (` (_K `S ' .J.,-� a AND ALLOWING, UNDER THE �.JL. ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYS- TEM, "UPDATED SERVICE Bookkeeper for Times Publishing Company CREDITS" IN SAID SYSTEM ON AN ANNUAL BASIS FOR SER- of Wichita Falls VICE PERFORMED BY QUALIFY- ING MEMBERS OF SUCH SYS- TEM WHO AT THE EFFECTIVE + DATE OF THE ALLOWANCE ARE SEA Subscribed and sworn to before me this the day and year first above written. IN THE EMPLOYMENT OF THE ..CITY OF WICHITA FALLS; ' /� c PROVIDING FOR INCREASED .0.;,,,,- /v/(�4-, _ n _ =PRIOR AND CURRENT SERVICE a � „-�`,,�.� , -.��r-,� .,,, f ANNUITIES FOR RETIREES AND ' rc: i ', t+ BENEFICIARIES OF DECEASED ' "'-' k% RETIREES OF THE CITY;AND ES- f i ti X i3 -' t TABLISHING AN EFFECTIVE • DATE FOR THE ORDINANCE .,..: -,:.:x 274 • k I