Ordinance No. 4,8091
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ORDINANCE NO. 4809
TEXAS MUNICIPAL RETIREMENT SYSTEM
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
1108, REVISED CIVIL STATUTES OF TEXAS, 1925, AS
AMENDED BY THE 70TH LEGISLATURE; AND
PRESCRIBING THE EFFECTIVE DATE OF THIS
ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF BAYTOWN , 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 1108, 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 Baytown 9
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
® 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accumulated deposits have not been withdrawn before such time as the member, if living,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 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.
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(e) The rights, credit s
plan provisions heretofore
pursuant to the TMRS Act.
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and benefits hereinabove authorized shall be in addition to the
adopted and in force at the effective date of this ordinance
(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 occupational disability retirement annuity" under Section 64.410 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 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 1 , 19 8J 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 this the 24th day of September , 19-U
ATTEST: APPROVED:
City Secretary or Clerk
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