HomeMy WebLinkAbout592 09-25-1979ORDINANCE NO. 592
AN ORDINANCE ADOPTING CERTAIN PLAN REVISIONS
AFFECTING PARTICIPATION OF EMPLOYEES OF THE
CITY OF EULESS, TEXAS, IN THE TEXAS MUNICIPAL
RETIREMENT SYSTEM AS AUTHORIZED BY SECTION XX
OF ARTICLE 6243h, REVISED CIVIL STATUTES OF THE
STATE OF TEXAS, AS AMENDED, AND GRANTING CER-
TAIN ADDITIONAL RIGHTS, CREDITS AND BENEFITS
THEREIN AUTHORIZED; PROVIDING THAT SUCH RIGHTS
SHALL BE SUPPLEMENTAL TO THOSE ADDITIONALLY AND
HERETOFORE PROVIDED UNDER SUCH RETIREMENT SYS-
TEM; PROVIDING A SEVERABILITY CLAUSE AND PRE-
SCRIBING AN EFFECTIVE DATE.
WHEREAS, eligible employees of the City of Euless, Texas, are
provided a system of retirement benefits under the Texas Municipal
Retirement System; and
WHEREAS, recent amendment to the enabling legislation for such
Retirement System, to -wit: the Texas Municipal Retirement Act autho-
rized the granting of additional rights for certain employees; and
WHEREAS, it is the desire of the Euless City Council to adopt
such additional rights, credits and benefits for eligible parti-
cipating employees.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
I.
Pursuant to Section XX of Article 6243h, Vernon's Texas Civil
Statutes, as amended, the City of Euless, Texas, adopts the following
plan provisions affecting participation of its employees in the
Texas Municipal Retirement System:
(a) Each person who becomes an employee of any participating
department of this City and who is not already a member of the Texas
Municipal Retirement System shall become a member of the System as
a condition of employment, provided such person is then under sixty
(60) years of age;
b) Any member, after one (1) year from the effective date of
membership shall be eligible for service retirement who has attained
the age of fifty (50) years and has completed twenty -five (25) years
of creditable service with this City or who has attained the age of
sixty (60) years and has completed at least ten (10) years of cred-
itable service with participating municipalities which have adopted
the plan provisions of this section, or who has become eligible for
service retirement under any other applicable provision of Article
6243h, Vernon's Texas Civil Statutes;
c) The membership of any member who has completed at least
ten (10) years of creditable service with this City and other parti-
cipating municipalities which have adopted the plan provisions of
Section XX of Article 6243h, Vernon's Texas Civil Statutes shall
not terminate because of absence from service; and
d) Any person who is an employee of a participating depart-
ment of this municipality at the effective date of this ordinance,
but who at the date of his employment was under sixty (60) years of
age but did not become a member of Texas ;Municipal Retirement System
because he was then above the maximum age then prescribed by law
for initial membership in the System, shall become a member of the
System at the effective date of this ordinance, unless he has already
become a member under other provisions of the governing Act, and
shall be allowed prior service credit for each month of creditable
service performed for this municipality subsequent to the date such
person was precluded from membership and prior to the effective
date of his membership. Such prior service credit shall be cal-
culated using the same percentages of the base prior service credit
as was most recently used in calculating Prior Service Credits or
Updated Service Credits in said System for current member employees
of this City.
II.
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 Act governing
said System.
III.
This ordinance shall become effective on the first day of the
calendar month following its enactment, provided it has previously
been determined by the Actuary for the System that the additional
obligations herewith undertaken can be funded within the period
prescribed by the Act above cited, and will not result in probable
depletion of this City's account in the Prior Service Accumulation
Fund of the System.
IV.
Severability Clause. That it is hereby declared to be the
intention of the City Council that the sections, paragraphs, sen-
tences, clauses and phrases of this ordinance are severable, and if
any phrase, clause, sentence, paragraph or section of this ordinance
SM
shall be declared unconstitutional by the valid judgment or decree
of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have
been enacted by the City Council without the incorporation in this
ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
V.
Effective Date. This ordinance shall be in full force and effect
from and after its passage and publication as provided by the Euless
City Charter and the laws of the State of Texas.
P
Euless
a vote
SECOND
Euless
a vote
RESENTED AND GIV
City Council on
of 5 ayes,
READING, PASSED
City Council on
of 3 ayes,
ATTEST:
EN F
the
0
AND
the
0
(' Dl-
Ddl1a Houy, City Secret y
IRST READING at a regular meeting of the
11th day of September , 1979; by
nays and U abstentions; GIVEN
APPROVED at a regular meeting of the
25th day of September , 1979; by
nays and 0 abstentions.
U•aJ, V Uelf, 9 xis
va'1-4az v6'
Harold Samuels, Mayor
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