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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 �..• 2 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: � 3 ,�-� " (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. �� (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. " 4 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 �+ 5