§ 78-131. Additional rights, credits and benefits.

(a)

Pursuant to V.T.C.A., Government Code §§ 854.202(f), 854.204, 854.405, 854.406 and 854.410 which shall be referred to in this section as the "TMRS act," the city adopts the following affecting participation of its employees in the Texas Municipal Retirement System:

(1)

Any employee of this city who is a member of the system is eligible to retire and receive a service retirement annuity if the member has performed at least 25 years of credited service in that system for one or more municipalities that have participation dates after September 1, 1987, or have adopted a like provision under V.T.C.A., Government Code § 854.202(f).

(2)

If a vested member, as that term is defined in V.T.C.A., Government Code § 854.204(b), shall die before becoming eligible for service retirement and leaves surviving a lawful spouse whom the member has designated as beneficiary entitled to payment of the member's accumulated contributions if the member's death occurs before retirement, the surviving spouse may, by written notice filed with the system, elect to leave the accumulated deposits on deposit with the system subject to the terms and conditions of V.T.C.A., Government Code § 854.204(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 If the accumulated deposits have not been withdrawn before such time as the member, if living, would have become entitled to service retirement, the surviving spouse may elect to receive, in lieu of the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 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 the date under a joint and survivor annuity (option 1) payable during the lifetime of the member and continuing thereafter during the lifetime of the surviving spouse.

(3)

At any time before payment of the first monthly benefit of an annuity, a surviving spouse to whom subsection (2) of this section 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. If 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.

(4)

The rights, credits and benefits authorized in this section 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 TMRS act.

(5)

Any employee of this city who is a member of the system is eligible to retire and receive a standard occupational disability annuity, under V.T.C.A., Government Code § 854.408, or an optional occupational disability retirement annuity, under V.T.C.A., Government Code § 854.410, 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 the board of trustees that:

a.

The member is physically or mentally disabled for further performance of the duties of the member's employment;

b.

The disability is likely to be permanent; and

c.

The member should be retired. Any annuity granted under this subsection shall be subject to the provisions of V.T.C.A., Government Code § 854.409.

(6)

Subsection (5) of this section relating to the occupational disability program are in lieu of the disability program provided for under V.T.C.A., Government Code §§ 854.301 through 854.308.

(b)

Pursuant to the provisions of V.T.C.A., Government Code Tit. 8, § 854.202(g), as amended, which subtitle shall herein be referred to as the "TMRS act," the city adopted the following provisions affecting participation of its employees in the Texas Municipal Retirement System (herein referred to as the "system"):

(1)

Any employee of the city who is a member of the system is eligible to retire and receive a service retirement annuity if the member has at least 20 years of credited service in the system performed for one or more municipalities that have adopted a like provision under V.T.C.A., Government Code § 854.202(g) of the TMRS act.

(2)

Prior to adopting this section, the governing body of the city has: (1) prepared an actuarial analysis of member retirement annuities at 20 years of service; and (2) held a public hearing pursuant to the notice provisions of the Texas Open Meeting Act, V.T.C.A., Government Code Ch. 551.

(3)

The rights hereinabove authorized shall be in addition to the plan provisions heretofore adopted and in force at the effective date of this section pursuant to the TMRS Act.

(Code 1968, § 22-81; Ord. No. O-34-99, § 1, 12-13-99)