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O-1405-2-96ORDINANCE NO. 1405-2-96 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYS'T'EM, `UPDATED SERVICE CREDITS" IN SAID SYSTEM ON AN ANNUAL BASIS FOR SERVICE PERFORMED BY QUALIFYING MEIMERS OF SUCH SYSTEM WHO AT THE EFFECT DATE OF THE ALLOWANCE ARE IN THE EMPLOYMENT OF THE CITY OF ALLEN, PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN DATE FOR THE ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1: Authorization of Updated Service Credits. (a) On the terms and conditions set out in Sections 853.401 through 853.404 of Subtitle G of Title 8, Government Code, as amended (hereinafter referred to as the "TMRS Act"), each member of the Texas Municipal Retirement System (hereinafter referred to as the "System") who has current service credit or prior service credit in the System in force and effect on the 1st day of January of the calendar year preceding such allowance, by reason of service in the employment of the City of Allen, and on such date had at least 36 months of credited service with the System, shall be and is hereby allowed "Updated Service Credit" (as that term is defined in subsection (d) of Section 853.402 of the TMRS Act). (b) On the terms and conditions set out in Section 853.601 of the TMRS Act, any member of the System who is eligible for Updated Service Credits on the basis of service with the City of Allen, 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 of the 1st day of January of the calendar year preceding such allowance, shall be credited with Updated Service Credits pursuant to, calculated in accordance with, and subject to adjustment as set forth in said Section 853.601 both as to the initial grant hereunder and all future grants under this ordinance. (c) The Updated Service Credit hereby allowed and provided for shall be 100% of the "base Updated Service Credit" of the member (calculated as provided in subsection (c) of Section 853.402 of the TMRS Act). (d) Each Updated Service Credit allowed hereunder 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. (e) In accordance with the provisions of subsection (d) of Section 853.401 of the TMRS Act, the deposits required to be made to the System by employees of the several participating departments on account of current service shall be calculated from and after the effective date of this ordinance on the full amount of such person's compensation as an employee of the City of Allen. SECTION 2: Increase in Retirement Annuities. (a) On terms and conditions set out in Section 854.203 of the TMRS Act, the City of Allen hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the System to retired employees and to beneficiaries of deceased employees of the City of Allen under current service annuities and prior service annuities arising from service by such employees of the City. An annuity increased under this Section replaces any annuity or increased annuity previously granted to the same person. (b) The amount of the annuity increase under this Section is computed as the sum of the prior service and current service annuities on the effective date of retirement by the person on whose service the annuities are based, multiplied by 70% 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 Section. (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 an annuity, the amount of the annuity will not be changed hereunder. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of the City of Allen and of its account in the municipality accumulation fund of the System. SECTION 3: Dates of Allowances and Increases. The initial allowance of Updated Service Credit and increase in retirement annuities hereunder shall be effective on January 1, 1997, subject to approval by the Board of Trustees of the System. An allowance of Updated Service Credits and an increase in retirement annuities shall be made hereunder on January 1 of each subsequent year until this ordinance ceases to be in effect under subsection (e) of Section 853.404 of the TMRS Act, provided that, as to such subsequent year, the actuary for the System has made the determination set forth in subsection (d) of Section 853.404 of the TMRS Act. SECTION 4: Effective Date. Subject to the approval by the Board of Trustees of the System, this ordinance shall be and become effective on the 1st day of January, 1997. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 15TH DAY OF FEBRUARY ,1996. APPROVED: loo he Farmer, MAYOR APPROVED AS TO FORM: ATTEST: ��!!!►..-.^ � � • ' l,. � it � � Ordinance No. 1405-2-96 Page 2 AFFIDAVIT AND PROOF OF PUBLICATION CITY OF ALLEN THE STATE OF TEXAS PUBLIC NOTICE Notice is hereby given that the Allen COUNTY OF COLLIN City Council adopted the following BEFORE ME, the undersigned authority, on this day personally ordinance at their regular meeting held on Thursday, February 15, 1996 (Title only): appeared DEBBIE TACKETT, who having been by me duly sworn, Ordinance No. 1405-2-96: An Or finance o t e --City o en, ollin on oath deposes and says: County, Texas, Authorizing and Allowing, That she is the General Manager of THE ALLEN AMERICAN, a Under the Act Governing the Texas newspaper published in COLLIN COUNTY, TEXAS, not less frequently than Municipal Retirement System, "Updated Service Credits" in Said System on an once a week, having a general circulation in said county, and having been Annual Basis for Service Performed by published regularly and continously for more than twelve (12) months Qualifying Members of Such System who at the Effective Date of the Allowance are prior to publishing in the Employment of the City of Allen; Providing for Increased Prior and Current _Ordinance #1405-2-96 Service Annuities for Retirees and Beneficiaries of Deceased Retirees of the of which the attached is a true and written copy, and which was published City and Esta4lishing an Effective Date in THE ALLEN AMERICAN on for the Ordinance, kfA copy of this ordinance may, be read( or purchased in the office of the City F E b r u a T 21 & February 24, 1996 Secretary, City of Allen, One Butler Circle, y Allen, Texas 75013. and which was issued on /s/Judy Morrison City Secretary February 21, 1996 by City of Allen of COLLIN COUNTY, TEXAS CITY OF ALLEN A printed copy of said publication is attached hereto. PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, February 15, 1996 (Title only): Ordinance No. 1405-2-96: An SUBSCRRIIgED AN ORN to before me this Or inand ce oiftt�ty ofAl a Z`ollin �d day = A.D. 19� Under the Act Gtovvernng the and lTexas Municipal Retirement System, "Updated Service Credits" in Said System on an Annual Basis for Service Performed by NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Qualifying Members of Such System who at the Effective Date of the Allowance are in the Employment of the City of Allen; Publisher's fee s-35 . 76 Providing for Increased Prior and Current Service Annuities for Retirees and Beneficiaries of Deceased Retirees of the City; and Establishing an Effective Date for the Ordinance. ' V �ODD A copy of this ordinance may be read MY COMMISS�1,996 or purchased in the office of the City +T + Dece nbo Secretary, City of Allen, One Butler Circle, -..���W.-.a....-� Allen, Texas 75013. i /s/Judy Morrison I City Secretary