Ord. 0539 08-10-87a
ORDINANCE NO. 539
AN ORDINANCE AFFECTING PARTICIPATION OF CITY EMPLOYEES
IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM; GRANTING THE
ADDITIONAL RIGHTS, CREDITS AND BENEFITS AUTHORIZED BY
SECTIONS 62.105, 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 PRE-
SCRIBING THE EFFECTIVE DATE OF THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF PEARLAND, TEXAS:
Section 1. Pursuant to the provisions of Sections 62.105,
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 Pearland,
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 credit service in that System
performed for one or more municipalities that have participation dates
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 contributions in 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
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 If the accumulated deposits have not been withdrawn before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
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during the lifetime of the 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) Any employee of this City who is a member of the System
and who performed service for this City prior to September 1, 1987,
(for which service that employee did not receive credit with the
System because the employee was not at that time a member of the
System due to his or her age at the date of his or her employment) is
hereby granted service credit with the System for all of such service
(performed after the date of his or her latest employment by the City)
that is prior to September 1, 1987, for which the employee has not
previously received credit with the System, pursuant to Section 62.105
of the Act.
(e) 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.
(f) Any employee of this City who is a member of the System
is eligible to retire and receive a "standard occupational disability
annuity" under Section 64.408 of the TMRS Act or an "optional occupa-
tional disability retirement annuity" under Section 64.410 of the TMRS
Act upon making application therefore upon such form and in such
manner as may be prescribed by the Board of Trustees of the System,
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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 64.409 of the TMRS Act.
(g) 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 64.301 to
64.308 of the TMRS Act.
Section 2. This ordinance shall become effective on the first
day of January, 1988, provided that it has previously been determined
by the Actuary for the System that all obligations of the City to the
municipality accumulation fund, including obligations hereby
undertaken, can be funded by the City within its maximum contribution
rate and within its amortization period.
PASSED AND APPROVED on first reading this
ATTEST:
City Sbretary
day of
ATTEST:
, A. D., 1987.
�ent c1
Mayor
day of
PASSED AND APPROVED on second and final read this 10
dur
City Sec#tary
APPROVED AS TO FORM:
, A. D., 1987.
Mayor ��c
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ty At or ey
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