§ 78-117. Employees included.

(a)

Pursuant to V.T.C.A., Government Code § 851.001 et seq., the city adopts the following plan provisions affecting participation of its employees in the Texas Municipal Retirement System:

(1)

Each person who becomes an employee of any participating department of this city and who is not already a member of the Texas Municipal Retirement System shall become a member of the system as a condition of employment.

(2)

Any person who is an employee of a participating department of this city on the effective date of the ordinance from which this section derives who did not become a member of Texas Municipal Retirement System because he was then above the maximum age then prescribed by law for initial membership in the system shall become a member of the system on the effective date of the ordinance from which this section derives, unless he has already become a member under other provisions of the act, and shall be allowed prior service credit for each month of creditable service performed for this city subsequent to the date such person was precluded from membership and prior to the effective date of his membership. Such prior service credit shall be calculated using the same percentage of the base prior service credit as was most recently used in calculating prior service credits or updated service credits in the system for current member employees of this city.

(3)

The rights, credits and benefits authorized in this subsection shall be in addition to the plan provisions adopted and in force at the effective date of the ordinance from which this section derives pursuant to the act governing such system.

(b)

This section shall become effective on the first day of the calendar month following enactment of the ordinance from which this section derives, provided it has previously been determined by the actuary for the system that the additional obligations undertaken can be funded within the period prescribed by V.T.C.A., Government Code § 851.001 et seq. and will not result in probable depletion of this city's account in the prior service accumulation fund of the system.

(Code 1968, § 22-69)