O-815-9-87ORDINANCE NO. 815-9-87
AN ORDINANCE OF THE CITY OF ALLEN, TEXAS, AMENDING
CITY OF ALLEN ORDINANCE NO. 310 AND CHAPTER 2,
"ADMINISTRATION", ARTICLE III, "TEXAS MUNICIPAL RETIREMENT
SYSTEM", OF THE ALLEN CODE OF ORDINANCES TO INCLUDE
ADDITIONAL RIGHTS, CREDITS AND BENEFITS, PURSUANT TO
V.A.C.S. TITLE 110B, S64.202(f), 64.204, 64.405, 64.406 AND 64.410; AND
ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ALLEN, TEXAS:
SECTION 1. That pursuant to the provisions of Secitons 64.202(f), 64.204,
64.405, 64.406 and 64.410 of Subtitle G of Title 110B, V.A.C.S., as amended by the 70th
Legislature of the State of Texas, Regular Session, which Subtitle shall hereinafter be
referred to as the "TMRS Act", the City of Allen amends City of Allen Ordinance No.
310 and Chapter 2, "Administration", Article III, "Texas Municipal Retirement System",
of the Allen Code of Ordinances to adopt the following provisions affecting
participation of its employees in the Texas Municipal Retirement System (the
"System"):
(a) Any employee of the City of Allen who is a member of the System is
eligible to reitre 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, dies before becoming eligible for service retirmenet and leaves surviving a
lawful spouse whom the member has designated as beneficiary entitled to payment of
the member's spouse may by written notice filed with the System elect to leave the
accumulated deposits on deosit 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 If the accumulated deposits have not been withdrawn before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
Ordinance No. 815-9-87 - Page 1
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
ajoint 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 the above 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) 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 TMRS Act.
(e) Any employee of the City of Allen 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 provisons of Section 64.409 of the TMRS Act.
(f) The provisions relating to the occupational disability program as set forth
in subsection (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 1st day of
January, 1988, provided that it has previously been determined by the Actuary for the
System that all obligations of the City of Allen to the muncipality accumulation fund,
including obligations hereby undertaken, can be funded by the City of Allen within its
maximum contribution rate and within its amortization period.
Ordinance No. 815-9-87 - Page 2
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS, ON THE 17th DAY OF SEPTEMBER , 1987.
APPROVED:
Donald P. Rodenbaugfi, Mayor
ATTEST:
Marty Hendrix, CM City Secretary
APPROVED AS TO FORM:
A. Don Gr torney
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