87-063 ORD AFFECTING PARTICIPATION OF CITY EMPLOYEES IN TX MUNICIPAL RETIREMENT SYSTEM
ORDINANCE N0. $7-063
AN ORDINANCE AFFECTING PARTICIPATION OF CITY EMPLOYEES
IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM; GRANTING THE
ADDITIONAL RIGHTS, CREDITS AND BENEFITS AUTHORIZED BY
SECTIONS 64.202(f), 64.204, 64.405, 64.406 AND 64.410 OF
TITLE 110B, REVISED CIVIL STATUTES OF TEXAS, 1925, AS
AMENDED BY THE 70TH LEGISLATURE; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS:
Section 1. Pursuant to the provisions of Sections
64.202(f), 64.204, 64.405, 64.406, and 64.410 of Subtitle G
of Title 110B, Revised Civil Statutes of Texas, 1925, as
amended by the 70th Legislature of the State of Texas,
Regular Session, which Subtitle shall herein be referred to
as the "TMRS Act," the City of Paris, Paris, Texas, adopts
the following provision.s affecting participation of its
employees in the Texas Municipal Retirement System (which
retirement system shall herein be rererred to as the
"System"):
(a) Any employee af this City who is a member of the
System is eligible to retire and receive a service retire-
ment annuity, if the member has at least 25 years of
credited service in that System perforrned for one or more
municipalities that have participation dated after September
1, 1987, or have adopted a like provision under Section
64.202(f) of the TMRS Act.
(b) If a"vested member," as that term is defined in
Section 64.204(b) of the TMRS Act, 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 contribu-
tions in event of the member's death before retirement, the
surviving spouse may be 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
64.204(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withdrawn before such time as the member, if living, would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
lif_etime of the surviving spouse in such amount as would
liave 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 o£ 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 bene-
fits 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 contributior_s credited to the
account of the member shall be pa.id 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 ot the
System is eligible to retire and receive a"standard occupa-
tional disability annuity" under Section 64.408 of the TMRS
Act or an "optional occupational disability retirement
annuity" under Section 64.410 of the TMRS Act upon making a
application therefor upon such form and in such manner as
mav be prescribed by the Board of Trustees of the System,
provided that the System's medical board has certified to
said Board of TrustePS: (1) that the member is physically
or mentally disabled f.or 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 64.409 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
Section 64.301 to 64.308 of the TMRS Act.
Section 2. This ordinance shall become effective on
the lst day o.f January, 1988, provided that it has been
determined by the Actuary for the System that all obliga-
tions of the Citv to the municipality accumulation fund,
including obligations hereby undertaken, can be funded by
the City within its maximum contribution rate and withiri its
amortization period.
Passed and adopted this 19th day of October, 1987.
Bi
e Bu nett, Mayor
lrl
ATTEST:
Mattie unning am, Ci y er
APPROVED A TO FORM:
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T. K. Haynes, City Attorney