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HomeMy WebLinkAboutORD 21-W5719 AN ORDINANCE AN ORDINANCE PROVIDING FOR PARTICIPATION IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM BY THE CITY.OF BEAUMONT, TEXAS; PROVIDING -FOR AND ELECTING TO HAVE ALL OF THE EMPLOYEES OF ALL DEPARTMENTS OF THE CITY GOVERNMENT, EXCEPT THE FIRE DEPARTMENT, PARTICIPATE IN SUCH SYSTEM; AND ACCEPTING ALL OF THE OBLIGATIONS AND BENE- FITS OF SUCH SYSTEM. WHEREAS, the Constitution of the State of Texas was amended on November 7, 19440 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; and, WHEREAS, the 50th Legislature of the State of Texas en- acted House Bill 29 by Parkhouse, known as the Texas Municipal Retirement System and being Article 6243h of Vernon's Annota ted Civil Statutes, which 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, municipal employees are not covered by Federal Social Security, the governing body of.the City of Beaumont, Texas, finds that it will be in the public interest for the city to have its employees participate in the Texas Municipal Retire- ment System; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: Section 1. That, on behalf of the City of Beaumont, Texas, the City Council hereby exercises its option and elects to have the City and all of the employees of all departments, except the fire d@partment, participate in the Texas Municipal Retirement System as provided in House Bill 29, Chapter 75, page 108, Acts of the 50th Legislature in 1947, being Article 6243h of 0ernonts An- notated Civil Statutes; and all of the benefits and obligations of such system are hereby accepted. Section 2. That the Mayor is hereby directed to notify the Board of Trustees of the Texas Municipal Retirement System that The City of Beaumont, Texas, has elected to participate and have the employees of all City departments, with the exception of the Fire Department, to participate in such system. Section 3. That the effective date of participation in such system be January 1, 1951, and each person who becomes an employee of any department in The City of Beaumont, other than the Fire Department, on and after the first of January, 1951, shall not be entitled to be included within said system until he or she has been an employee of The City of Beaumont for One Calendar month*, but that after said employee has been -employed for a continuous period of months, then said employee shall be included within and subject to the provisions of the Texas Municipal Retirement System, as an employee, as defined in sub -section 14, Section 2 of such system. Section 4. That The City of Beaumont, 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 5. That the City Manager of The City of Beaumont, 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 proper contributions to the system and the amounts which shall be deducted from the compensation or payroll of employees, all as required by said Board under the provisions of Chapter 75, Act of the 50th Legislature of the State of Texas, 1947, and the said City Manager is hereby authorized and directed to ascertain and certify officially on behalf of The City of Beaumont, 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 other reports and certificates, which may be required of The City of Beaumont, Texas, under the provis- ions of Chapter 24, Acts Regular Session 50th Legislature, or the rules and regulations of the Board of Trustees of the Texas Municipal Retirement System. 1950. PASSED by the City Council this ah day of Ccl-lober, A.D. - Mayor - cy l0I!l-1�1.j`i1 INTER -OFFICE MEMORANDUM CITY OF BEAUMONT, TEXAS Date: December 19, 1949 To: Mrs. Willie J. Brockman, City Manager From: George E. Murphy, City Attorney. Subject: Texas Municipal Retirement System. COMMENT: Attached hereto is the ordinance providing for partici- pation in the Texas Municipal Retirement System by The City of Beaumont. — ---- Not knowing the names of all of the departments parti- cipating, I have made a general provision that all departments, with the exception of the fire department, be included. How- ever, under Section 3, paragraph 1, subdivision a, of the Act it provides that the governing body of the City shall notify the Board of Trustees of the Retirement System within ten (10) days after the passage of the ordinance, names of the depart- ment or departments to be included. It also provides that the participation of any department shall begin as of the first day 'of the second month immediately following notice of elec- tion to participate. However, I see nothing in the Act that would prevent our designating April 1 as the date to begin and have so indicated in the ordinance. The Act also provides that all persons who are employees of the named department on th?e effective date of the partici- pation of such department shall become members of the retire- ment system as of that date. This does not apply to mmNinyr nx persons employed in a participating department after the ef- fective date, as the City may fix rules and regulations requir- ing a person to be employed in a participating department a certain time before becoming eligible. From the above it appears that we will have to set up our departments and designate same by name, as apparently they carry the accounts by participating departments, but this is a matter that can probably be worked out later after further discussion with the State organization. George E. Murphy City Attorney GEM:h attach. , w_ (J0'�