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HomeMy WebLinkAbout91-28564 RETIREMENT BENEFITS - AMENDMENT ORDINANCE N0. 91-2856 AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS, .AMENDING CHAPTER 2, ARTICLE 5, "EMPLOYEE .BENEFITS", RELATING TO THE RETIREMENT BENEFITS OF CERTAIN MUNICIPAL EMPLOYEES; PROVIDING THAT MEMBERS OF THE FIRE DEPARTMENT. WHO ARE INELIGIBLE FOR PARTLCIPATION IN THE TEXAS FIREMEN'S ..RELIEF AND -RETIREMENT FUND SHALL BE ELIGIBLE FOR PARTICIPATION UNDER THE TEXAS MUNICIPAL RETIREMENT SYSTEM.. WHEREAS, the City of Plainview provides for certain benefits and obligations of a retirement system for municipal employees known as the "Texas Municipal Retirement System" (TMRS}; and WHEREAS, members of the City of Plainview Fire Department provide for retirement benefits under the Texas Firemen's Relief and Retirement Fund as set forth in Article 6243.e, V.T.C.S., as amended; and WHEREAS, TMRS and the .Texas Firemen's Relief and Retirement Fund are mutually .exclusive funds by law; and WHEREAS, the City of Plainview desires to include those members of the Fire Department in the TMRS that are ineligible for participation in the. Texas Firemen's Relief and Retirement Fund. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Plainview that: SECTION 1: Section 2-76. Participating Employees. of the Code of the City of Plainview is hereby amended to read as follows: The permanent employees of all departments of the City .and .those employees of the fire department who have been determined by the Board. of Trustees of the City of Plainview Firemen's Relief and Retirement Fund to be ineligible for participation in said fund, shall participate in the Texas Municipal Retirement System. SECTION 2: Effective Date. This ordinance shall be of full force and effect upon its passage and publication as required by law. 1 '~ ~. _ ~1 1 of 2 5 ~~,~ SECTION 3: Conflicts. All ordinances or portions of any ordinance of the City of Plainview, .Texas in conflict herewith, are hereby amended-to conform"with the provisions hereof. SECTION 4: Severabi ity, If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. PASSED AND APPROVED this 12th day of February, 1991. r~~.~. E.V. Ridlehuber, Mayor ATTEST: ~ _:\ ~~~. ~~ Li da Huddleston, City Secretary APPROVED AS TO CONTENT: Terry ers, Director o APPROVED AS TO FORM: Human Resources G ~`~ D. Blackburn, City Attorney '~ ~' 2 of 2