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HomeMy WebLinkAbout18514 ORD - 10/16/1984AN ORDINANCE AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM; GRANTING THE ADDITIONAL RIGHTS, CREDITS AND BENEFITS AUTHORIZED BY SECTIONS 62.105 AND 64.202 OF TITLE 110B, REVISED CIVIL STATUTES OF TEXAS, 1925, AS AMENDED; PROVIDED THAT SUCH RIGHTS SHALL BE SUPPLEMENTARY TO THOSE HERETOFORE ALLOWED AND THAT ARE IN FORCE ON THE EFFECTIVE DATE OF THIS ORDINANCE; ALLOWING CERTAIN EMPLOYEES OF THE CITY, WHO PERFORMED OR HEREAFTER PERFORM ACTIVE SERVICE IN THE ARMED FORCES (OR THEIR RESERVES OR AUXILIARIES) OF THE UNITED STATES UNDER HONORABLE CONDITIONS DURING PERIODS OF CONFLICT WITH FOREIGN FORCES, TO APPLY AND MAKE DEPOSITS FOR AND TO RECEIVE SPECIAL CREDIT WITH THE TEXAS MUNICIPAL RETIREMENT SYSTEM FOR LIMITED PORTIONS OF SUCH MILITARY SERVICE, AND PROVIDING FOR PAYMENT BY THE CITY OF ADDITIONAL DEPOSITS TO THE SYSTEM ON ACCOUNT OF SUCH SERVICE CREDIT; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the provisions of Sections 62.105 and 64.202 of Subtitle G of Title 1108, Revised Civil Statutes of Texas, 1925, as amended, which Subtitle shall herein be referred to as the "TMRS ACT," the City of Corpus Christi, Texas, adopts the following provisions affecting participation of its employees in the Texas Municipal Retirement System: (a) Each person who becomes an employee of any participating department of this City and who is not already a member of the Texas Municipal Retirement System shall become a member of the System as a condition of employment, provided such person is then under sixty (60) years of age; (b) Any member, after one (1) year from the effective date of his or her membership in the System, shall be eligible for service retirement if he or she has attained the age of fifty (50) years and has completed twenty-five (25) years of creditable service with one or more municipalities that have authorized eligibility under Section 64.202 of the TMRS Act or under Section XX of former Article 6243h, Vernon's Texas Civil Statutes, or if he or she has attained the age of sixty (60) years and has completed at least ten (10) years of creditable service with one or more municipalities that have authorized eligibility under Section 64.202 of the TMRS Act or under Section XX of said former Article 6243h; 18514 (c) The membership of any person who has completed at least ten (10) years of creditable service with participating municipalities that have authorized eligibility under Section 64.202 of the TMRS Act (or under Section XX of said former Article 6243h) shall not terminate because of absence from service; and (d) Any person who is an employee of a participating department of this municipality at the effective date of this ordinance, but who at the date of his or her employment was under sixty (60) years of age but did not become a member of Texas Municipal Retirement System because he or she was then above the maximum age then prescribed by law for initial membership in the System, shall become a member of the System at the effective date of this ordinance, unless he or she has already become a member under other provisions of the governing Act, and shall be allowed prior service credit for each month of creditable service performed for this municipality subsequent to the date such person was precluded from membership and prior to the effective date of his or her membership. Such prior service credit shall be calculated using the same percentage of base prior service credit as was most recently used in calculating prior service credits or updated service credits in said System for current member employees of this City. SECTION 2. 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. SECTION 3. Pursuant to Subchapter F of Chapter 63, Title 1106, Revised Civil Statutes of Texas, as amended, the City of Corpus Christi hereby elects to allow eligible members in its employment to establish credit in the Texas Municipal Retirement System for active military service performed as a member of the armed forces or armed forces reserves of the United States or an auxiliary of the armed forces or armed forces reserves, during a period in which the United States is or was involved in a state of conflict with foreign forces. Eligible members as used herein shall be those employees meeting the criteria set forth in subsection (b) of Section 63.501 of said Subchapter F, and the amount and use of creditable military service shall be as further set forth in that Subchapter. SECTION 4. In order to establish credit for military service hereunder, a member must deposit with the Texas Municipal Retirement System (in that member's individual account in the Employees Saving Fund), before the first anniversary of the effective date of this ordinance or before the first anniversary of the date the member becomes eligible to establish the credit (whichever is later) an amount equal to the number of months for which credit is sought, multiplied by $15.00, and the City must contribute an amount equal to the amount required of the member, multiplied by the City's current service matching percentage in effect on the date the member applies for credit hereunder. The City of Corpus Christi agrees to pay into its account in the Municipality Accumulation Fund all sums which become due hereunder as a result of the granting of such credit. SECTION 5. This ordinance shall become effective on the first day of January, 1985, 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. SECTION 6. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need of adopting the abovementioned provisions to the Texas Municipal Retirement System at the earliest practicable date, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 16th day of October, 1984. ATTEST: 4i!c.retary''iteli MAYO APPROVED: i,DAY OF OCTOBER, 1984 J. BRUCE A4YCOCK, CITY ATTORNEY By Assistant Ci�� THE CITY OF CORPUS CHRISTI, TEXAS Corpus Christi, Texas , 1984 (,'H^ day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Council Members Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed y the following vote: Luther Jones Betty N. Turner n David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez �,//� Mary Pat Slavik 7L/ 18514