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25 - Trasfer Fire Employees to TMRSNo. 25 TO: Mayor, Mayor Pro Tern & City Council FROM: Grayson Path, City Manager Gene Anderson, Finance Director Thomas McMonigle, Fire Chief SUBJECT: TRANSFER FIRE EMPLOYEES TO TMRS DATE: August 22, 2022 BACKGROUND: On June 13, 2022, the City Council heard a presentation on freezing the Paris Firefighter Relief and Retirement Fund ("pension") while simultaneously issuing a pension bond and transferring the Fire Department Employees to the Texas Municipal Retirement System (T RS). On August 8, 2022, the City Council approved a Resolution for a Bond Agreement, a Resolution approving an agreement with the Board of Trustees, and an Ordinance issuing a Pension Bond in order to initiate this change. That has served as a first of two steps for council action. STATUS OF ISSUE: To complete our second step, tonight the City Council has an Ordinance approving TMRS participation for all Fire Department members. This is a requirement of the State of Texas Statute for choosing to join TMRS, 'I'MRS participation occurs the first day of the second month TMRS receives notice of an election to participate. This will allow the employees to join on October 1, 2022 which corresponds to their amendments made to freeze the plan. Given the City has previously excluded the Fire Department from TMRS, an ordinance will authorize the removal of this exclusion and therefore their entry in to TMRS. Adjustments have already been made to the Proposed FY22/23 Budget to account for a switch from the existing Fire Pension to the new TMRS accounts for each employee. This has resulted in a savings to the City as we have moved from a 14% contribution rate to a 5.1 % contribution rate. OPTIONS: 1. Approve an ordinance to authorize Fire Department participation in TMRS. 2. Request additional information and/or reject this ordinance. However, rejection and even delay will complicate the approvals made on August 8, 2022. RECOMMENDATION: 1. Approve an ordinance to authorize Fire Department participation in TMRS. ORDINANCE NO. AN ORDINANCE OF THE CITY OF PARIS, TEXAS, ALLOWING EMPLOYEES OF THE FIRE DEPARTMENT AS DESCRIBED HEREIN TO PARTICIPATE IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM ("TMRS"); PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Paris, Texas (the "City") is a municipality that participates in the Texas Municipal Retirement System ("TMRS" or the "System") pursuant to the provisions of the Texas Government Code, Title 8, Subtitle G, as amended (the "TMRS Act"); and WHEREAS, §852.001 of the TMRS Act provides that a municipality may elect to have one or more of its departments participate in the System; and WHEREAS, pursuant to City Ordinance No. 1218 dated May 22, 1950, the City elected to have all employees and future employees of the City departments named in such Ordinance participate in TMRS, and such Ordinance specifically excepted the City's Fire Department from participation in TMRS; and WHEREAS, pursuant to City Ordinance No. 2062 dated December 13, 1971, and effective as of January 1, 1972, the City elected to have all employees of all City departments then existing or thereafter established participate in TMRS, but again specifically excepted the City's Fire Department from participation in TMRS; and WHEREAS, pursuant to City Ordinance No. 2352 dated September 12, 1977, the City elected to have employees of the City's newly created Library Department participate in TMRS; and WHEREAS, pursuant to City Ordinance No. 83-060 dated September 26, 1983, and effective as of October 1, 1983, the City elected to have "the employees of the Paris -Lamar County Health Unit which acts as the Health Department for the City of Paris who are not employees of the State of Texas and all departments now existing and those hereafter created, except those employee[s] of the Fire Department who are included in or who are eligible to be included in membership in Firemen's Relief and Retirement Fund of the City of Paris, participate in the Texas Municipal Retirement System as provided in the TMRS Act"; and WHEREAS, the City of Paris has a regularly organized Fire Department for which the Firemen's Relief and Retirement Fund of the City of Paris referred to above (hereafter the "Fire Fund") was established under Section 4 of the Texas Local Fire Fighters Retirement Act, Article 6243e, Vernon's Texas Civil Statutes (the "TLFFRA Act"); and WHEREAS, the City Council of the City of Paris finds that it will be in the best interest of the City to have existing employees of the Fire Department who are not participating in TMRS pursuant to City Ordinance No. 83-060 and all future employees of the Fire Department (collectively, the "Fire Employees") begin participating in TMRS on the same basis upon which the other employees of the City participate in TMRS now; and WHEREAS, the Fire Employees are not eligible to begin participating in TMRS until the Fire Fund plan documents are amended to end the accrual of any new or additional benefits for service for existing Fire Employees and to prevent future Fire Employees from participating in the Fire Fund; and WHEREAS, under Section 7 of the TLFFRA Act, the board of trustees for the Fire Fund (the "Fire Fund Board") may change the benefits or eligibility requirements for benefits payable from the Fire Fund and may change other requirements for the payment of benefits from the Fire Fund if the changes are approved by (i) an eligible actuary selected by the Fire Fund Board, and (ii) a majority of the participating members of the Fire Fund voting on the change by secret ballot at an election held for that purpose at which at least 50 percent of all participating members of the Fire Fund vote; and WHEREAS, the Fire Fund Board presented an amended and restated Fire Fund plan document (the "Amended Plan") to the participating members of the Fire Fund and on July 14, 2022 through July 16, 2022, an election concerning the Amended Plan was held by secret ballot as required by Section 7 of the TLFFRA Act; and WHEREAS, the Amended Plan provides that no additional benefits or service would accrue or be credited to existing Fire Employees on or after the effective date of the Amended Plan (the "Amended Plan Effective Date"), that no firefighters employed on or after the Amended Plan Effective Date will be eligible to participate in the Fire Fund, and that the Amended Plan Effective Date is the latest of the following: (a) the City's adoption of an ordinance authorizing the issuance of the City of Paris, Texas Pension Bonds, Taxable Series 2022; (b) the execution of the Agreement Regarding Pension Obligation Bonds by the City Mayor and the Chairman of the Fire Fund Board; (c) the deposit by the City of Paris, Texas of a City contribution to the Fire Fund of an amount equal to the proceeds from the issuance of the City of Paris, Texas Pension Bonds; or (d) October 1, 2022; and WHEREAS, by a Resolution dated August 8, 2022, the Fire Fund Board found that the Amended Plan had been approved by the actuarial firm selected by the Fire Fund Board and had been approved by the Fire Fund participating members pursuant to an election held in compliance with Section 7 of the TLFFRA Act, and the Fire Fund Board adopted the Amended Plan and authorized the Fire Fund Board Chairman to execute the Amended Plan; and WHEREAS, the Fire Fund Board Chairman has properly executed and delivered the Amended Plan and has taken all other steps necessary to ensure that benefits and service will cease accruing to the Fire Employees under the City Fire Fund on or before the Amended Plan Effective Date; and WHEREAS, on August 8, 2022, the City passed and adopted Ordinance No. 2022-048, authorizing the issuance of the City of Paris, Texas Pension Bonds, Taxable Series 2022; and WHEREAS, the Mayor of the City and the Chairman of the Fire Fund Board have executed the Agreement Regarding Pension Obligation Bonds, dated August 8, 2022; and WHEREAS, the City anticipates that the City of Paris, Texas Pension Bonds, Taxable Series 2022, will be issued and the proceeds of such Bond issuance will be deposited by the City as a City contribution to the Fire Fund in mid-September 2022, so that the anticipated Amended Plan Effective Date will be October 1, 2022; and WHEREAS, the City desires to have the Fire Employees begin participating in TMRS effective on October 1, 2022, or as soon as possible thereafter as allowed under the TMRS Act if the Amended Plan Effective Date is later than October 1, 2022; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: SECTION 1. The City Council of the City of Paris, Texas, on behalf of the City, hereby exercises its option and elects to have the Fire Department's Fire Employees (defined above) participate in TMRS as provided in the TMRS Act and on the same basis upon which employees of the City now and hereafter participate in TMRS. In the following provisions of this Ordinance, the "effective date" means October 1, 2022, provided, however, that if the Amended Plan Effective Date is later than October 1, 2022, then the "effective date" will mean the first day of the month after the Amended Plan Effective Date, unless the Amended Plan Effective Date is the first day of a month, in which case the Amended Plan Effective Date and the "effective date" of this Ordinance shall be the same date. SECTION 2. All existing and future employees of the City's Fire Department who, on or after the effective date of this Ordinance, receive compensation from the City and are engaged in an appointive office or position with the City that normally requires services from the person for not less than 1,000 hours per year shall be and are hereby required to become members of the System. SECTION 3. Pursuant to §853.105(d-1) and §853.303(a-2) of the TMRS Act, each existing Fire Employee who qualifies for such credit shall be allowed "excluded prior service credit" as defined in Section 851.001(8-a) of the TMRS Act. Excluded prior service credit has no monetary value, may be used only to satisfy length of service requirements for vesting and retirement eligibility, and may not be used to determine eligibility for or computation of updated service credits under the TMRS Act. SECTION 4. The City Secretary or her designee is hereby authorized and directed to notify the TMRS Executive Director of adoption of this Ordinance and of the occurrence of the events necessary to establish the Amended Plan Effective Date. The City Secretary or her designee is further authorized to provide any additional information requested by TMRS regarding the adoption of this Ordinance and/or the occurrence of events related to establishing the Amended Plan Effective Date. The City Manager [and Fire Chief] or their designees are hereby authorized and directed to take all administrative actions necessary to give effect to this Ordinance as of its effective date. SECTION 5. In the event that the Amended Plan Effective Date has not occurred on or before December 31, 2022, this Ordinance shall expire automatically and be of no further effect. SECTION 6. In the event that any prior ordinances of the City of Paris, Texas ("Prior Ordinances") are in conflict with any provision of this Ordinance, then the conflicting provisions of such Prior Ordinances are hereby repealed only to the extent necessary to allow the actions authorized by this Ordinance to be given effect. DULY PASSED by the City Council of the City of Paris, Texas, on the 22nd day of August, 2022, to be effective as described above in Section 1 of this Ordinance. Paula Portugal, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney