Ordinance No. 6,113911212 -25
ORDINANCE N0. 6113
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING ORDINANCE NO. 6044 ADOPTED OCTOBER 10,
1991, PROVIDING FOR UPDATED SERVICE CREDITS AND
INCREASED ANNUITIES IN THE TEXAS MUNICIPAL RETIREMENT
SYSTEM; PROVIDING FOR NEW PROVISIONS FOR UPDATED SERVICE
CREDITS AND INCREASED ANNUITIES IN THE TEXAS MUNICIPAL
RETIREMENT SYSTEM AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
WHEREAS, by Ordinance No. 6044 adopted October 10, 1991, the
City Council of the City of Baytown, Texas, did provide for
updated service credits and an increase in annuities in the Texas
Municipal Retirement System; and
WHEREAS, the City Council has determined that an error was
made in the maximum percentage of the change in the consumer
price index the City could adopt in said ordinance; and
WHEREAS, said ordinance should be repealed and new
provisions for updated service credits and increases in
retirement annuities should be enacted; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Ordinance No. 6044 adopted October 10,
1991, is hereby repealed and new provisions for updated service
credits and increases in annuities are enacted as follows:
Section 2: Authorization of Updated Service Credits.
(a) On the terms and conditions set out in Subtitle G of
Title 8, Sections 853.401 through 853.403 of TEX.GOV.CODE ANN.,
as amended, each member of the Texas Municipal Retirement System
who has current service credit or prior service credit in said
System in force and effect on the 1st day of January, 1991, by
reason of service in the employment of the City of Baytown, and
on such date has at least 36 months of credited service with said
system, shall be and is hereby allowed "Updated Service Credit"
(as that term is defined in subsection (d) of Section 853.402 of
said title) in an amount that is 100% of the "base Updated
Service Credit" of the member (calculated as provided in
subsection (c) of Section 853.402 of said title). The Updated
Service Credit hereby allowed shall replace any Updated Service
Credit, prior service credit, special prior service credit, or
antecedent service credit previously authorized for part of the
same service.
(b) On the terms and conditions set out in Section 853.601
of said title, any member of the Texas Municipal Retirement
System who is eligible for Updated Service Credits on the basis
of service with this City, and who has unforfeited credit for
prior service and /or current service with another participating
municipality or municipalities by reason of previous service, and
was a contributing member on January 1, 1992, shall be credited
with Updated Service Credits pursuant to, calculated in
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accordance with, and subject to adjustment as set forth in said
853.601.
(c) In accordance with the provisions of subsection (d) of
Section 853.401 of said title, the deposits required to be made
to the Texas Municipal Retirement System by employees of the
several participating departments on account of current service
shall be calculated from and after the date aforesaid on the full
amount of such person's earnings as an employee of the City.
Section 2: Increase in Retirement Annuities.
(a) On terms and conditions set out in Section 854.203 of
Subtitle G of Title 8, TEX.GOV.CODE ANN., as amended, the City of
Baytown hereby elects to allow and to provide for payment of the
increases below stated in monthly benefits payable by the Texas
Municipal Retirement System to retired employees and to
beneficiaries of deceased employees of this City under current
service annuities and prior service annuities arising from
service by such employees to this City. An annuity increased
under this Section replaces any annuity or increased annuity
previously granted to the same person.
(b) The amount of annuity increase under this Section is
computed as the sum of the prior and current service annuities on
the effective date of retirement of the person on whose service
the annuities are based, multiplied by 50% of the percentage
change in Consumer Price Index for All Urban Consumers, from
December of the year immediately preceding the effective date of
the person's retirement to the December that is 13 months before
the effective date of this ordinance.
(c) An increase in an annuity that was reduced because of an
option selection is reducible in the same proportion and in the
same manner that the original annuity was reduced.
(d) If a computation hereunder does not result in an
increase in the amount of any annuity, the amount of the annuity
will not be changed hereby.
(e) The amount by which an increase under this Section
exceeds all previously granted increases to an annuitant is an
obligation of this City and of its account in the municipality
accumulation fund of the Texas Municipal Retirement System.
Section 3: Effective Date. Subject to approval by the
Board of Trustees of Texas Municipal Retirement System, the
undated service credits and increases in retirement annuities
granted hereby shall be and become effective on the 1st day of
January, 1992.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 12th day of
December, 1991.
ETT O. HUTTO, Mayor
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ATTEST:
E'I E EN
P. IIALL, City Clerk
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ACIO RAMIREZ,, -Y., City Attorney
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