HomeMy WebLinkAboutORD 2001-10 - Rights TMRSAN ORDINANCE OF THE CITY OF GEORGETOWN,
TEXAS ("CITY") AMENDING SECTION 3.04.100 OF THE
CODE OF ORDINANCES TO PROVIDE FOR THE
ADDITIONAL RIGHTS AUTHORIZED BY SECTION
854.202(g) OF TITLE 8, TEXAS GOVERNMENT CODE, AS
AMENDED, CONCERNING PARTICIPATION OF CITY
EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENT
SYSTEM, PROVIDING A REPEALING CLAUSE AND
SEVERABILITY CLAUSE; AND SETTING AN EFFECTIVE
DATE.
WHEREAS, Section 854.202(g), Title 8, Texas Government Code, as amended
("TMRS Act"), authorizes cities to grant additional rights concerning retirement eligibility
to City employees participating in the Texas Municipal Retirement System; and
WHEREAS, as part of the Fiscal Year 2000/2001 Annual Operating Plan of the
City of Georgetown, the City Council allocated additional funds to be used for employee
benefits; and
WHEREAS, the City Council hereby finds it to be in the public's best interest to
grant the additional rights provided in the TMRS Act for purposes of promoting
employee retention and morale; and
WHEREAS, pursuant to the TMRS Act, prior to adopting this ordinance, the City
has prepared an actuarial analysis of member retirement annuities at 20 years of
service and held a public hearing pursuant to the notice provisions of the Texas Open
Meetings Act, Chapter 551, Texas Government Code; and
WHEREAS, the caption of this ordinance was printed in the Williamson County
Sun on January 17, 2001, in compliance with the City Charter of the City of
Georgetown.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS, THAT:
SECTION 1. The facts and recitations contained in the preamble of this
ordinance are hereby found and declared to be true and correct, and are incorporated
by reference herein and expressly made a part hereof, as if copied verbatim. The City
Council hereby finds that this ordinance implements the following element(s) of the
Century Plan Policy Plan and that the enactment of this ordinance is not inconsistent or
in conflict with any other Century Plan Policies, as required by Section 2.03 of the
Administrative Chapter the Policy Plan:
Ordinance No. c001_ !D
Amendment to Code of Ordinances Section 3.04.100
TMRS Retirement Eligibility
Page 1 of 2
Facilities and Services Focus End 13.02 — The City has a high level of employee
satisfaction and retention.
SECTION 2. The City Council of the City of Georgetown hereby amends Section
3.04.100 of the Code of Ordinances as indicated on Exhibit "A" attached hereto and
incorporated herein.
SECTION 3. All ordinances and resolutions, or parts of ordinances and
resolutions, in conflict with this Ordinance are hereby repealed and are no longer of any
force and effect.
SECTION 4. If any provision of this ordinance or application thereof to any
person or circumstance, shall be held invalid, such invalidity shall not affect the other
provisions, or application thereof, of this ordinance which can be given effect without the
invalid provision or application, and to this end the provisions of this ordinance are
hereby declared to be severable.
SECTION 5. The Mayor is hereby authorized to sign this ordinance and the City
Secretary to attest. This Ordinance shall become effective and be in full force and
effect on March 1, 2001.
PASSED AND APPROVED on First Reading on the Zdday of January, 2001.
PASSED AND APPROVED on Second Reading on the 13A day of February,
2001,
ATTEST:
Sandra D. Lee, City Secretary
1 i lir l • .
Marianne Landers Banks, City Attorney
Ordinance No.' j�)/— /0
Amendment to Code of Ordinances Section 3.04.100
TMRS Retirement Eligibility
Page 2 of 2
THE CITY OF GEORGETOWN
By:
lien Kersch, Mayor
3.04.090
1. On terms and conditions set out in Section 64.203 of Title 110B, Revised Civil Statutes
of Texas, 1925, as amended, the City elects to allow and to provide for payment of the increases
below stated in monthly benefits payable by the Texas Municipal Retirement System to retired
employees and to beneficiaries of deceased employees of this City under current service annuities'
and prior service annuities arising from service by such employees to this City. An annuity increased
under this subsection replaces any annuity or increased annuity previously granted to the same person.
2. The amount of annuity increase under this section is computed as the sum of the prior
and current service annuities on the effective date of retirement of the person on whose service
the annuities are based, multiplied by 70 percent of the percentage change in Consumer Price Index
for All Urban Consumers, from December of the year immediately preceding the effective date
of the person's retirement to the December that is 13 months before the effective date of the ordinance
codified in ' this section.
3. An increase in an annuity that was reduced because of an option selection is reducible
in the same proportion and in the same manner that the original annuity was reduced.
4. If a computation hereunder does not result in an increase in the amount of an annuity,
the amount of the annuity will not be changed hereby.
5. The amount by which an increase under this section exceeds all previously granted increases
of an annuitant is an obligation of this City and of its account in the municipality accumulation
fund of the Te' -..as Municipal Retirement System.
C. Effective Date. Subject to approval by the Board of Trustees of Texas Municipal Retirement
System, the updated service credits and increases in retirement annuities granted hereby shall be
and become effective on the first day of January, 1986. (Ord. 85-26 §§ 1-3)
3.04.100 Additional rights, credits and benefits.
A. Pursuant to the provisions of Section 854.202(f), 854,204? 854.405, 854.406 and 854.410
of Subtitle G of Title 8, VTCA, Government Code, as amended, which subtitle shall herein be referred
to as the "TMRS Act," the City 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"):
1. 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��-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 Acts +< q,;�,��
2. If a member to whom subsection (b) of Section 854.204 of the TMRS Act is applicable
shaii die before becoming eiigibie for service retirement and ieaves surviving a iawfui 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 be
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 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 senice retirement, the survivi
; m
ng 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
TIM
78-3
(Georgetown Supp. 3)