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Home My WebLink AboutORD 1997-104 � � ORDINANCE NO. 9�-to4 � ... AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING CHAPTER 18 PERSONNEL, ARTICLE II, DIVISION 2, TEXAS MUNICIPAL RETIREMENT SYSTEM; AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM ON AN ANNUAL BASIS FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO AT THE EFFECTIVE DATE OF THE ALLOWANCE ARE IN THE EMPLOYMENT OF THE CITY OF GRAPEVINE; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; TO INCREASE THE RATE OF DEPOSITS TO THE TEXAS MUNICIPAL RETIREMENT SYSTEM BY THE EMPLOYEES OF THE CITY; AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENT . SYSTEM GRANTING THE ADDITIONAL RIGHTS � -a. AUTHORIZED BY SECTION 854.202(g) OF TITLE 8, TEXAS GOVERNMENT CODE, AS AMENDED; PROVIDING A �.--,� SEVERABILITY CLAUSE; DECLARING AN EMERGENCY; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the Grapevine Code of Ordinances, Chapter 18 Personnel, Article II, Division 2 is hereby amended by amending Section 18-42 to read as follows: "Sec. 18-42. Same-Current service deposits. All employees of the City who are members of the Texas Municipal Retirement System shall make deposits to the System at the rate of seven percent (7%) of their individual earnings." Section 2. That the Grapevine Code of Ordinances, Chapter 18 Personnel, Article II, Division 2 is hereby amended by amending Section 18-50(a)(1) through �� Section 18-50(a)(5) to read as follows: �, "Section 18-50. Authorization of updated service credits; optional benefits package; effective date. �. .y (a) Authorization of updated service credits. (1) On the terms and conditions set out in Sections 853.401 through 853.404 of �.. .� Subtitle G of Title 8, Government Code, as amended (hereinafter referred to as the "TMRS Act"), each member of the Texas Municipal Retirement System (hereinafter referred to as the "System") who has current service credit or prior service credit in the System in force and effect on the 1 st day of January of the calendar year preceding such allowance, by reason of service in the employment of the City, and on such date had at least 36 months of credited service with the system, shall be and is hereby allowed � "Updated Service Credit" (as that term is defined in subsection (d) of Section 853.402 of the TMRS Act). (2) On the terms and conditions set out in Section 853.601 of the TMRS Act, any member of the System who is eligible for Updated Service Credits on the basis of service with this City, who has unforfeited credit for prior service and/or current service with another participating municipality or municipalities by reason of previous service, and was a contributing member on the 1 st day of January of the calendar year preceding such allowance, shall be credited with Updated Service Credits pursuant to, calculated in accordance with, and subject to adjustment as set forth in said Section �; ,, 853.601, both as to the initial grant hereunder and all future grants under this ordinance. �,..,� (3) The Updated Service Credit hereby allowed and provided for shall be 100% of the "base Updated Service Credit" of the member (calculated as provided in subsection (c) of Section 853.402 of the TMRS Act). (4) Each Updated Service Credit allowed hereunder shall replace any Updated � Service Credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. (5) In accordance with the provisions of subsection (d) of Section 853.401 of the TMRS Act, the deposits required to be made to the System by employees of the several participating departments on account of current service shall be calculated from and after the effective date of this ordinance on the full amount of such person's compensation as an employee of the City." Section 3. That Chapter 18 Personnel, Article II, Division 2, Texas Municipal Retirement System, Sections 18-50(b)(2) and (b)(2)(a) are hereby amended to read as follows: �..�, "(b)(2) Pursuant to the provisions of Section 854.202(g) of Subtitle G of Title 8, Texas Government Code, as amended, which Subtitle shall herein � be referred to as the "TMRS Act", the City of Grapevine, Texas ORD. NO. 97-104 2 �;. , adopts the following provisions affecting participation of its employees in the Texas Municipal Retirement System (herein referred to as the "System"): ,�. .� Prior to adopting this ordinance, the governing body of the City has: (1) prepared an actuarial analysis of inember retirement annuities at 20 years of service; and (2) held a public hearing pursuant to the notice provisions of the Texas Open Meetings Act, Chapter 551, Texas Government Code. (a) Any employee of the City who is a member of the System is eligible to retire and receive a service retirement annuity if the member has at least 20 years of credited service in the System performed for one or more municipalities that have adopted a like provision under Section 854.202(g) of the TMRS Act. Section 4. That Chapter 18 Personnel, Article II, Division 2, Texas Municipal Retirement System, Section 18-50(b)(2)(d) is hereby amended to read as follows: � "(d) The rights, credits and benefits hereinabove authorized shall be in addition to the plan provisions heretofore adopted and in force at the ,P .. effective date of this ordinance pursuant to the TMRS Act." .�,�:� Section 5. That the Grapevine Code of Ordinances, Chapter 18 Personnel, Article II, Division 2 is hereby amended by amending Section 18-50(c)(1) to read as follows: "(c) Dates of Allowances and Increases. (1) The initial allowance of Updated Service Credit and increase in retirement annuities hereunder shall be effective on January 1, 1998, subject to approval by the Board of Trustees of the System. An allowance of Updated Service Credits and an increase in retirement annuities shall be made hereunder on January 1 of each subsequent year until this ordinance ceases to be in effect under subsection (e) of Section 853.404 of the TMRS Act, provided that, as to such subsequent year, the actuary for the System has made the determination set forth in subsection (d) of Section 853.404 of the TMRS Act." � Section 6. That the Grapevine Code of Ordinances, Chapter 18 Personnel, Article II, Division 2 is hereby amended by amending Section 18-51 to read as follows: � "Section 18-51. Increase in retirement annuities. (a) On terms and conditions set out in Section 854.203 of the TMRS Act, the � City hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the system to retired employees and ORD. NO. g7-tp4 3 �,:.,�, to beneficiaries of deceased employees of the City under current service annuities and prior service annuities arising from service by such employees to the City. An annuity increased under this Section replaces any annuity or �.;;.b» increased annuity previously granted to the same person. (b) The amount of the annuity increase under this Section is computed as the sum of the prior service and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by 70% 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 this Section. (c) 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. (d) 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 hereunder. (e) The amount by which an increase under this Section exceeds all previously �. ,* granted increases to an annuitant is an obligation of the City and of its account in the municipality accumulation fund of the System." � Section 7. That subject to approval by the Board of Trustees of the System, this ordinance shall be and become effective on the 1 st day of January 1998. Section 8. If any section, article, paragraph, sentence, clause, phrase or word in � this ordinance, or application thereto any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 9. The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF � GRAPEVINE, TEXAS on this the 16th day of September , �997. � ' ORD. N0. 97-104 4 APPROVED: �� . � " William D. Tate Mayor ATTEST: w Linda Huff City Secretary APPROVED AS TO FORM: l � , � � ,• .. +�,:=..v:e ' ....�'�,. � t._ ; � ' �'` = >� '� �f �.-, , , -__ . . ,...... : .. , .. .�.. ... / / " J .. • John F. Boyle, Jr. '"" City Attorney .�� ORD. NO. 97-�04 5