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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)
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