OR 152 Provides for participation in the Texas Municipal Retirement System & supplement Benefits Fund AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 152
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, PROVIDING
FOR PARTICIPATION IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM; PRO-
VIDING FOR PARTICIPATION IN THE SUPPLEMENTAL BENEFITS FUND OF THE
TEXAS MUNICIPAL RETIREMENT SYSTEM BY ALL DEPARTMENTS OF THE CITY
GOVERNMENT; PROVIDING FOR PAYMENT OF THE CITY'S CONTRIBUTIONS ON
ACCOUNT OF SUCH PARTICIPATION; PROVIDING FOR INCREASED MUNICIPAL
CONTRIBUTION TO THE CURRENT SERVICE ANNUITY RESERVE AT RETIREMENT
OF EMPLOYEES OF CITY; REPEALING ALL ORDINANCES IN CONFLICT WITH
THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE, AND DECLARING
AN EMERGENCY.
WHEREAS, the Constitution of the State of Texas was
amended on November 7, 1944, by the addition of Section 51-f,
Article III, which authorized the Legislature to establish a
state-wide retirement and disability pension system for city
employees;
WHEREAS, Chapter 75, Acts 50th Legislature (1947) as
amended, established the Texas Municipal Retirement System, and
authorizes the governing body of each city or town to elect, at
its option, to have one or more of the city departments participate
in such System; and
WHEREAS, the governing body of the City of Coppell,
Texas, finds that it will be in the public interest for the city
to have its employees, participate in the Texas Municipal
System as hereinafter provided; Now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
TEXAS:
the City Council hereby exercises
Retirement
OF COPPELL,
SECTION 1. That, on behalf of the City of Coppell, Texas,
its option and elects to have the
city and all of the employees of all departments now existing or
hereafter established participate in the Texas Municipal Retirement
System as provided in Chapter 75, Acts of the 50th Legislature, as
amended, (Article 6243h of Vernon's Civil Statutes of Texas), and
all of the benefits and obligations of such System are hereby
accepted as to such employees.
SECTION 2. The City Administrator is hereby directed to
notify the Board of Trustees of the Texas Municipal Retirement System
that the City of Coppell, Texas, has elected to participate and have
the employees of the above departments participate in said System.
SECTION 3. Each person who becomes an employee of any
participating department on or after the effective date of partici-
pation of such department shall become a member of the Texas Municipal
Retirement System as a condition of his employment. The City of
Coppell, Texas, may in the future refuse to add new departments or
new employees to such System, but shall never discontinue as to
any participants.
SECTION 4. In accordance with the provisions of the
statute, the deposits to be made to the Texas Municipal Retirement
System on account of current service of the employees of the several
participating departments are hereby fixed at the rate of five
percent ( 5 %) of the earnings of each employee of said departments,
and in determining the deposits to be made on account of such service
the maximum earnings of this city is full salary.
SECTION 5. The City Secretary is hereby directed to remit
to the Board of Trustees of the Texas Municipal Retirement System,
at its office in Austin, Texas, the city's contributions to the System
and the amounts which shall be deducted from the compensation or pay-
roll of employees, all as required by said Board under the provisions
of Chapter 75, Acts of the 50th Legislature of the State of Texas, as
amended, and the said City Secretary is hereby authorized and directed
to ascertain and certify officially on behalf of the City of Coppell,
Texas, the prior service rendered to the said municipality by each of
the employees of the participating departments, and the average prior
service compensation received by each, and to make and execute all
prior service certifications and all other reports and certifications
which may be required of the City of Coppell, Texas, under the pro-
visions of Chapter 75, Acts Regular Session, 50th Legislature, as
amended, or in compliance with the rules and regulations of the
Board of Trustees of the Texas Municipal Retirement System.
SECTION 6. Participation of the above-mentioned employees
in the Texas Municipal Retirement System shall be effective Oct. 1, 1976
SECTION 7. The City of Coppell, Texas, by its City Council
hereby elects to have the employees of all departments of said city
participate in and be covered by the Supplemental Benefits Fund of
the Texas Municipal Retirement System, as provided by Chapter 312,
Acts Regular Session, 56th Legislature; and all the benefits and
obligations of participation in said Fund are hereby accepted by
the city as to such employees.
SECTION 8. The City Administrator is hereby directed
to notify the Board of Trustees of the Texas Municipal Retirement
System that the City of Coppell, Texas, has elected to participate
and have the employees of the above mentioned departments participate
in the Supplemental Benefits Fund of said System.
SECTION 9. Each person who becomes an employee of any
participating department on or after the effective date of partici-
pation of such department in said Fund shall as a condition of his
employment be covered into the Supplemental Benefits Fund of said
System. The City of Coppell, Texas, may in the future refuse to
add new departments or new employees to said Fund, but shall never
discontinue as to any members who are covered into the Fund.
SECTION 10. The City Secretary is hereby directed to
remit monthly to the Board of Trustees of the Texas Municipal Retire-
ment System at its office in Austin, Texas, as the City's contributions
to the Supplemental Benefits Fund of the Texas Municipal Retirement
System, such percentage of earnings of the above-mentioned employees
said city as may be fixed by the Board of Trustees of the Texas
Municipal Retirement System, provided that the rate of contribution
to said Fund shall not exceed one-half of one percentum (1/2%) of
the earnings of the employees of said city who are covered under
said Fund; and such official shall make for the City such reports
as the Board of Trustees of the Texas Municipal Retirement System
may prescribe.
SECTION 11. Participation of the above-mentioned employ-
ees in the Supplemental Benefits Fund shall be effective Oct. 1, 1975
SECTION 12. That effective January 1, 19 76 , for each
month of Current Service thereafter rendered by each of its employees
who are members of the Texas Municipal Retirement System, the City
will contribute to the current service annuity reserve of each such
member at the time of his retirement, a sum that is (200%) of such
member's accumulated deposits for such month of employment; and
said sum shall be contributed from the City's account in the Munici-
pality Current Service Accumulation Fund.
SECTION 13. All ordinances or parts of ordinances incon-
sistent or in conflict with the provisions of this ordinance are
hereby repealed.
SECTION 14. If any article, paragraph or subdivision,
clause, phrase or provision of this Ordinance shall be adjudged
invalid or held unconstitutional, the same shall not affect the
validity of this Ordinance as a whole or any part or provision
thereof other than the part so decided to be invalid or uncon-
stitutional.
SECTION 15. The fact that the present City regulations
are inadequate to properly protect the public health, safety and
welfare, creates an urgency and an emergency and requires that
this Ordinance shall take effect immediately from and after the
publication of its caption as the law in such cases provides.
DULY PASSED by
Texas, this Z6th day of
APPROVED AS TO FORM:
the City Council of the City of Coppell,
August , 1975.
ATTEST: