HomeMy WebLinkAboutORD 1991-064 �,m.,.q
ORDINANCE NO. 91-64
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
�. OF GRAPEVINE, TEXAS, AMENDING CHAPTER 18
PERSONNEL BY AMENDING ARTICLE II, RETIREMENT
PROGRAM, DIVISION 2 TEXAS MUNICIPAL RETIREMENT
SYSTEM, SECTIONS 18-50 AND 18-51; 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,
Article II, Division 2 is hereby amended by amending Section
18-50 (a) in its entirety to read as follows:
" (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,
V.T.C.A. , Government Code, as amended (hereinafter
referred to as the "TMRS Act") , each member of the Texas
�f� 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
1st day of January of the calendar year preceding such
allowance, by reason of service in the employment of the
City of Grapevine (hereinafter called 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 the 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
January l, 1992 , 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 2 . That the Grapevine Code of Ordinances Chapter 18,
Article II, Division 2 is hereby amended by amending Section
18-50 (b) (2) in its entirety to read as follows:
" (2) 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 Grapevine, 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
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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 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.
(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
i�,,, "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.
(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 3 . That the Grapevine Code of Ordinances Chapter 18,
Article II, Division 2 is hereby amended by amending Section
18-50 (c) in its entirety to read as follows:
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" (c) Dates of Allowance and Increases
(1) The initial allowance of Updated Service Credit and
increase in retirement annuities hereunder shall be
�, effective on January 1, 1992, 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 4 . That the Grapevine Code of Ordinances Chapter 18,
Article II, Division 2 is hereby amended by amending Section 18-51
in its entirety 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 to beneficiaries of deceased employees of
�.u,„,
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 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 Al1 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.
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(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. "
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Section 5. If any section, article, paragraph, sentence,
�"`� clause, phrase or word in this ordinance, or application thereto
any person or circumstances 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 6. 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 public creates an emergency which requires that this
ordinance become effective from and after the date of its passage,
and it is accordingly so ordained.
Section 7 . This ordinance shall become effective January 1,
1992 .
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 3rd day of September , 1991.
�h�.
APPROVED:
�
William D. Tate
Mayor
ATTEST:
Lin a Huff
City Secretary
APPROVED AS TO FORM:
John F. Boyle, Jr.
,.�� City Attorney
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