HomeMy WebLinkAboutOrdinance - 9840-1995 - Allowing Governing Texas Municipal Retirement Syster - 09/14/1995I
First ~eading September 14, 1995
Item f/41
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Second Reading
September 28, 1995
Item 1126
ORDINANCE NO. 9840
AN RDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT
GOVERNIN THE TEXAS MUNICIPAL RETIREMENT SYSTEM, RESTRICTED
PRIOR SER CE CREDIT TO EMPLOYEES WHO ARE MEMBERS OF THE SYSTEM
FOR SERVI · E PREVIOUSLY PERFORMED FOR VARIOUS OTHER PUBLIC
ENTITIES F R WHICH THEY HAVE NOT RECEIVED CREDITED SERVICE; AND
ESTABLIS G AN EFFECTIVE DATE FOR THE ORDINANCE.
BE IT ORDrD BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
Section 1. A~thorization of Restricted Prior Service Credit.
(a) j' On the tenns and cooditions set out in Sections 853.305 of Subtitle G of Title
8, Texas Go , emment Code, as amended (hereinafter referred to as the "TMRS Act"), each
member oftlJ.e Texas Municipal Retirement System (hereinafter referred to as the "System'')
who is now i1 r who hereafter becomes an employee of this City shall receive restricted prior
service credi for service previously performed as an employee of any of the entities
described in. aid Section 853.305 provided that (1) the person does not otherwise have
credited service in the System for that service, and (2) the service meets the requirements of
said Section r· 53.305.
(b) The service credit hereby granted may be used only to satisfy length-of-
service reqW,ements for retirement eligibility, has no monetary value in computing the
annuity pa~ents allowable to the member, and may not be used in other computation,
including tputation of Updated Service Credits.
(c) i A member seeking to establish restricted prior service credit under this
ordinance mhst take the action required under said Section 853.305 while still an employee
of this City.
Section 2.
19_22_.
This ordinance shall become effective on the first day of October
AND IT IS SO ORDERED.
ATTEST:
I APPROVED AS TO CONTENT: !
ews, Director of Human Resources
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APPROVED AS TO FORM: i
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nald G. Vandiver, First Assistant City Attorney
I DGV:dp/ccdoc~.ord
August3l, 1995 I
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CITY OF LUBBOCK
MEMO
TO: 1 BETTY M. JOHNSON, CITY SECRETARY
I I FROM: j LT. JAMES PROTHRO
RECEIVED
SEP 06 1995
CITY SECRETARY LUBBOCK, TEXAS
SUBJECT: iPRIOR SERVICE CREDIT FOR PROBATIONARY
[EMPLOYMENT
DATE: ! SEPTEMBER 6, 1995
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i Under rules of THE TEXAS MUNICIPAL RETIREMENT SYSTEM ACT
as stated~ in Chapter 853.303 -Section 63.303, I request
Prior se~ice credit for Probationary Employment.
My employbe status with the City of Lubbock commenced
on July 11, 1955 as a regular fulltime Police Officer.
However, ~nrollment with the retirement system was not
initiated until January 1956, after serving a six months
probation,ary period.
In accordance with the rules of The Texas Municipal Retirement System Act, Chapter 853.303 (63.303), I hereby request an ordinance or resolution allowing pr1or service credit for service performed while I was on probationary
status with the City of Lubbock Police Department.
PUBUC RE11R.EM£NT SYSTEMS § 853.303 ca. 153 ;
claimed and certify to the board of trustees the creditable prior service
approved and the ~verage monthly compensation paid to the member during
the period of the ~rvice.
(d) After rcc:eiving a certification of prior service and average monthly
compensation under this section. the board of trustees shall: I
(1) determine the prior service credit allowable to the member in the
manner providCd by Section 853.105; and
(2) issue to the member a prior service certificate as provided by Section
853.106. !
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§ 63.303. ~or Service Credit for Probadonary Employment
(a) The goverhing body of a participating municipality which prior to
September I, 1989, engaged persons beginning work with the munici·
pality on a probationary basis for a specified period, and consequently
did not enroll the person as a member of the system until the probation·
ary period ~pired, may by ordinance allow prior service credit for ser·
vice performed during the period of probationary employment (not ex-
ceeding six mopths) with the municipality.
(b) A member may claim prior service credit under this section by
filing a detailed statement of such service with the city clerk or secretary
of the municipality for which the service was performed at any time
within one year from the effective date of the ordinance or resolution
authorizing such credit.
(c) As soon as practicable. after a member has filed a statement of
prior service under this section, the affected ~unicipality shall verify
the prior service claimed and certify to the board of trustees the credit·
able prior service (not exceeding six months) approved, and the average
monthly comP,ensation paid to the member during the period of proba·
tionary employment.
(d) After ~eiving a certification of prior service under this section
and the average compensation paid the member, the board of trustees
shall determine the prior service credit allowable to the member in the
manner provided in Section 63.105 of this subtitle.
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Added by Acts 1989. 7Jst Leg .• ch. 462, § 2. eff. Sept I. 1989.
ADMINISTRATION f 2-14
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Sec. 2-10. T+sas MUD.icipal Retirement System-Election to participate.
I The City Council hereby exercises its option and elects to have tbe city and all employees of
all departmen~. except the fU'e department, participate in the Texas Municipal Retirement
System as proVided in Article 6243~. Revised Civil Statutes, and all of the benefits and obliga-
tions of such ~mare hereby accepted. (Ord. No. 1006, § 1, 7-27 -50; Code 1959, f 2-4)
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I Sec. 1·11. Stme-What employeealacluded. ·
Each pe~n who becomes an employee of any participating department on or after the
effective date (>f participation of auch department shall be included within and subject to the
provisions of the Tens Municipal Retirement System, beginning upon the date auch penon
becomes an ••~ployee, .. as defined in Article 6243(h), section 0(14), Revised Civil Statutes, of
such system, provided be is then under the age of fifty. five (55) years. (Ord. No. 1006, S 3,7-27-50;
Code 1959,12~)
State Ia• reference-similar provisions, VTCS Art. 6243h. S ID(2)(b).
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Sec. 2-12. S'-me-Adding new departments or employees; discontinuance as to
p~rtieipants.
The city ~Y, in the future, refuse to add new depa.rtmeuts or new employees to the Tuas
Municipal Retirement System, but it sball never discontinue the system u to an~ participants. I (Ord. No. 1006~ § 4, 7-27-50; Code 1959, § 2·6)
State Ia~ reference-similar provisions, VTCS Art. 6243h,§ M(l)(c)".
Sec. Z-13. S~e-Duties of city secretary. I
The city secretary shall remit to the board of trustees of the Teus Municipal Retirement
System, at its 1office in Austin, the city's proper contributions to the system and the amounts
which shall be' deducted from the compensation or payroll of employees. all as required by the
board under the provisions of Article 6243h, Revised Civil Statutes. The city secretary abaJ.I make
and execute all reports and certiflC&tes which may be required of the city under the provisions of
such law or the rules and regulations of the board of trustees of the Teus Municipal Retirement
System. (Ord. No. 1006, I 5, 7-27 -50; Code 1959,12· 7)
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Sec. Z-14. Boards ud commissions; compensation; records.
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(a) El:cePt as otherwise provided by law, no salary or compensation of any kind abaJ.I be paid
to the membets of any board, commission or committee appointed by the City Council for their
services as boald, commission or committee members.
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(b) Each fommittee, subcommittee or executive committee acting under the direction of any
commission, ~mmittee or board, now or hereafter created, commiAAioned or appointed, either by
resolution or ordinance of the City Council, ahall keep minutes of each meeting. Such minutes
shall accurately reflect the actions and recommendations of such committee, subcommittee or
executive comimttee. After approval, the minutes shall be filed with the chairman of the respec-
tive commissibn, committee or board to be thereafter spread upon the minutes of the whole
165
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Art. 6243h PENSIONS . ~
tiona to be made by reason of current service of eaeh member em-.
plo;yed by such mmifclpality; and prOvided that In the event no maxi-.,
mum amount Is so designated by the participating municipality, the
maximum earnings which aba11 be considered for such purposes ahaD.
be limited to Three Thousand, Six Hundred (t8,600.00) Dollars
any one year.
18. "Rate of .Earnings" means the· aetual rate upon whfeh
earninp of an empl()Jee are calculated at the time, as certified by
employing municipality, converted Into earnhlgs for any period
the assumption that, U'Dless~cally provided otherwise, the faThnv.;:
ing are equivalents: two thoUSf.!ld, four hundred (2,400) hours,
hundred (800) days, fifty-two (62) weeks, twelve (12) months, (1) year. ' ·'·: ~ ..
. -.· r-.
14. "EmplO)Tee"' m.eans · u:r person who receives CO!I!lpensatiol~
from and is certified by a mmifcipality al being a ieaular nuJ-a:m~'
employee or 214 a regular part-time employee employed In a J)Oiitlolf
normally requlr:iq-actual performance of duty during not Jess ~~
ohe thousand (1,000) hours a year; provided. however, that the
"em.p10Je8" does not fndude any perso~: _( !"-• • ~ --•
(a) ·As to an,. service for which he woDld be eligible to be UlCllUdtl{l..
In imd for which he fa entitled to receive credit In the Teacher Retl:fi!'
ment System of Texas, the EmplOyees Retirement System of Tmtim
the Judicial Retirement System of Texas, the Texas County and
triet Retirement System, or any other pension fund or retirei•Lt
system supported wholly 01' partly· at jrabUe expense; but notfliDil'
herein contained ab.aJl be tonstrued as precluding simultaneous em~
age of persons under the Federal Old Age and Survivors lmlura~
System or any Bliecessor thereto, and thfa ~:ystem, by reason
same service.
(b) Who. is elected to office by vote of the ~ple, It· being -rn...tt:Jwn~
epeeifiea.Uy provided, however, that a vol~tary fireman or elec:tecl
ficial who meets the definition of emplo,ee In some capacity
than as a voluntary fireman or elected official BhalJ. be CCI. •naf1der.~
an "employee" for the purposeS of thfa Act to. the extent of
er capacity. · · · ·
15. "Average Prior Service Compensation" aha11 mean
monthly earnings for service rendered to a participating mta:Dlc:J.P!Jl
by an employee of a participating department of such m_tanfl~~
durinc the . thirty-six (86) months immediately preceding
tiw date of participation of such deparlment or if there be
·thirti..aix (86) months of such service, the a-verage lhaiJ be Cimll~
for the number of months of such service in such t:hf,l"l:fr.au::
month period. • 846
---~--'-"-~,__-at Lubbock County, Texas and the attached print-
Y o ~ i · al and was printed in the Lubbock
NOTARY PUBLIC in and for t e State of Texas
My Commission Expires .................. ___ _
LUBBOCK AVALANCHE-JOURNAL
Morris Communication forporation
Subscribed and sworn to /before me thi .... s --~_;;;'!ro.::;.;:_ __ day of.......;:/l.,;:· · _;z_;. ~~_.'0""'-"'b.....,.e .... (_· ____ 19 'JS:
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· ,.• Notar~ Pu1Jt1c. State of J exas ~ ~~~~· M~ Comm•s.~·!)n Exptres 6·30-96 §
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FORM 58·10
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