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The total annual earnings which may be paid by the city to any of its employees who are members of the State Municipal Retirement System shall be considered in calculating the amount to be withheld and the deposits and contributions to be made to the State Municipal Retirement System by reason of current service rendered by the employee to the city.
(1998 Code, § 90-226)
All employees of the city who are members of the State Municipal Retirement System shall make deposits to the system at the rate of 7% of their individual earnings. However, this rate shall not be applied to earnings in excess of the maximum earnings subject to retirement deductions as fixed by ordinance.
(1998 Code, § 90-227)
Any employee of the city who has attained the age of 60 years with five years vesting, or has completed 20 or more years of creditable service for which he or she is entitled to credit in the State Municipal Retirement System, shall be eligible for service retirement as provided in Tex. Gov’t Code § 854.102(b). Any such employee who shall have completed 20 years or more of creditable service or attains the age of 60 years and has five years vesting as an employee of the city shall continue as a member of the State Municipal Retirement System despite subsequent absence from service for a period in excess of 60 months; provided, he or she does not withdraw his or her deposits during the absence, and shall be eligible for retirement upon and after attainment of the minimum age prescribed by Tex. Gov’t Code § 854.102(b).
(1998 Code, § 90-228)
Firefighters may defer federal income taxes under the terms of the State Local Firefighters Retirement Act, Tex. Rev. Civ. Stat. Art. 6243e, subject to a favorable determination by the Internal Revenue Service that the firefighters’ pension plan is a qualified retirement plan.
(1998 Code, § 90-229)
(A) The city adopts the following plan provisions affecting participation of its employees in the state municipal retirement system.
(1) Each person who becomes an employee of any participating department of the city and who is not already a member of the State Municipal Retirement System shall become a member of the system as a condition of employment; provided, such person is then under 60 years of age.
(2) Any member, shall be eligible for service retirement who has completed 20 years of creditable service with the city or who has attained the age of 60 years and has completed at least five years of creditable service with participating municipalities which have adopted the plan provisions of this section, or who has become eligible for service retirement under any other applicable provision of Tex. Gov’t Code §§ 851.001 et seq.
(3) The membership of any member who has completed at least five years of creditable service with the city and other participating municipalities which have adopted the plan provisions shall not terminate because of absence from service.
(4) Any person who was an employee of a participating department of the city at the effective date of Ord. 79-18, but who at the date of his or her employment was under 60 years of age, but did not become a member of the State Municipal Retirement System because he or she was then above the maximum age then prescribed by law for initial membership in the system, shall become a member of the system at the effective date of Ord. 79-18, unless he or she has already become a member under other provisions of the governing act, and shall be allowed prior service credit for each month of creditable service performed for the city subsequent to the date such person was precluded from membership and prior to the effective date of his or her 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 such system for current member employees of the city.
(B) The rights, credits and benefits authorized in this section shall be in addition to the plan provisions adopted before 11-7-1979, and in force at the effective date of Ord. 79-18 pursuant to the act governing such system.
(1998 Code, § 90-230)
Pursuant to the provisions of Tex. Gov’t Code §§ 854.202(f), 854.405, 854.406 and 854.410, as amended, the city adopts the following provisions affecting participation of its employees in the State Municipal Retirement System (which retirement system shall be referred to in this section as the “System”).
(A) 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 that System performed for one or more municipalities that have participation dates after 9-1-1987, or have adopted a like provision under Tex. Gov’t Code § 854.202(f).
(B) If a “vested member”, as that term is defined in Tex. Gov’t Code § 851.001, 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 in event of the member’s death before retirement, the surviving spouse may, by written notice filed with the system, elect to leave the accumulated deposits on deposit with the system. 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 that 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.
(C) At any time before payment of the first monthly benefit of an annuity, a surviving spouse to whom division (B) above 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.
(D) The rights, credits and benefits authorized in divisions (A) through (C) above shall be in addition to the plan provisions heretofore adopted and in force at the effective date of the ordinance from which this section is derived pursuant to Tex. Gov’t Code §§ 851.001 et seq.
(E) Any employee of the city who is a member of the System is eligible to retire and receive a standard disability annuity under Tex. Gov’t Code § 854.408 or an optional occupation disability retirement annuity under Tex. Gov’t 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 the member is physically or mentally disabled for further performance of the duties of the member’s employment, that the disability is likely to be permanent, and that the member should be retired. Any annuity granted under this division (E) shall be subject to the provisions of Tex. Gov’t Code § 854.409.
(F) The provisions relating to the occupational disability program as set forth in division (E) above are in lieu of the disability program heretofore provided for under Tex. Gov’t Code §§ 854.301 through 854.308.
(1998 Code, § 90-231)
(A) Pursuant to Tex. Gov’t Code § 853.502, as amended, the city hereby elects to allow eligible members in its employment to establish credit in the State Municipal Retirement System for active military service performed as a member of the armed forces or armed forces reserves of the United States or an auxiliary of the armed forces or armed forces reserves. Eligible members, for purposes of this section, shall be those employees meeting the criteria set forth in Tex. Gov’t Code § 853.502(b), and the amount and use of creditable military service shall be as further set forth in Tex. Gov’t Code § 853.505.
(B) In order to establish credit for military service under this section, a member must deposit with the State Municipal Retirement System (in that member’s individual account in the Employees Saving Fund) an amount equal to the number of months for which credit is sought, multiplied by $15. The city agrees that its account in the Municipality Accumulation Fund is to be charged at the time of the member’s retirement with an amount equal to the accumulated amount paid by the member for military service credit, multiplied by the city’s current service matching ratio in effect at the date the member applies for such military service credit.
(1998 Code, § 90-232)
DRUG AND ALCOHOL ABUSE POLICY
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOL. Any beverage that contains ethyl alcohol (ethanol), including, but not limited to, beer, wine and distilled spirits.
CITY PREMISES and CITY FACILITIES. When an employee is on duty, all property of the city, including, but not limited to, the offices, facilities and surrounding areas on city-owned or city-leased property, parking lots and storage areas. The term also includes city-owned or city-leased vehicles and equipment wherever located.
DRUG TESTING. The scientific analysis of urine, blood, breath, saliva, hair, tissue and other specimens of the human body for the purpose of detecting a drug or alcohol.
ILLEGAL DRUG. Any drug which is not legally obtainable, any drug which is legally obtainable but has not been legally obtained, any prescribed drug not legally obtained, any prescribed drug not being used for the prescribed purpose, and any drug being used for a purpose not in accordance with bonafide medical therapy. Examples of ILLEGAL DRUGS are cannabis substances, such as marijuana and hashish, cocaine, heroin, phencyclidine (PCP) and so-called designer drugs and look-alike drugs.
LEGAL DRUG. Any prescribed drug which has been legally obtained and is being used for the purpose for which prescribed or manufactured.
POLICY. The drug and alcohol abuse policy set out in this subchapter.
REASONABLE BELIEF. A belief based on objective facts sufficient to lead a prudent person to conclude that a particular employee is unable to satisfactorily perform his job duties due to drug or alcohol impairment. Such inability to perform may include, but is not limited to, decreases in the quality or quantity of the employee’s productivity, judgment, reasoning, concentration and psychomotor control, and marked changes in behavior. Accidents, deviations from safe working practices and erratic conduct indicative of impairment are examples of REASONABLE BELIEF situations.
SAFETY SENSITIVE POSITION. A position having any duty, the performance of which could cause injury to the incumbent or others or could cause serious damage to property.
UNDER THE INFLUENCE. A condition in which a person is affected by a drug or alcohol in any detectable manner. The symptoms of INFLUENCE are not confined to those consistent with misbehavior, or to obvious impairment of physical or mental ability, such as slurred speech or difficulty in maintaining balance. A determination of being UNDER THE INFLUENCE can be established by a professional opinion, by a scientifically valid test, and in some cases by the opinion of a lay person.
(1998 Code, § 2-101)
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