HomeMy WebLinkAboutOrdinance 17-028 allowing Fire Department employees to participate in TMRSORDINANCE NO.17-028
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK,TEXAS,ALLOWING
EMPLOYEES OF THE FIRE DEPARTMENT AS DESCRIBED HEREIN TO
PARTICIPATE IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM ("TMRS");
PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT;AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,the 85th Legislature of the State of Texas has enacted House Bill 3056 amending
the Texas Local Fire Fighters Retirement Act,Article 6243e,Vernon's Texas Civil Statutes (the
"Act"),to authorize certain retirement systems to exclude certain persons from coverage,and also
amending Subchapter A,Chapter 851 of the Texas Government Code (which is part of the statutes
governing the Texas Municipal Retirement System (Government Code,Title 8,Subtitle G,Chapters
851-855,and commonly referred to as the "TMRS Act"»to add Section 851.0011 to the TMRS Act,
effective September 1,2017;and
WHEREAS,the City of University Park is a municipality of the State of Texas with a
population of less than two hundred thousand;and
WHEREAS,the City of University Park is in a county with a population of not less than two
million and not more than four million;and
WHEREAS,the City of University Park has a regularly organized fire department for which
a retirement system and fund have been established under Section 4 of the Act;and
WHEREAS,that before January I,2017,the City of University Park had one or more
departments of the City pa!1icipating in the Texas Municipal Retirement System ("TMRS");and
WHEREAS,the City Council of the City of University Park finds that it will be in the best
interest of the City to have certain employees (described below)of the fire "department"(as defined
by new TMRS Act Section 851.0011(b)as added by HB 3056)participate in TMRS on the same
basis upon which employees of the City participate in TMRS now;and
WHEREAS,the City Council of the City of the University Park has adopted an ordinance
effective September __,2017 (the "Section 31 A(c)Ordinance"),pursuant to Section 31 A(c)of the
Act to exclude certain persons from participation in the University Park Firemen's Relief and
Retirement FLmd ("FRRF");and
WHEREAS,Section 31A(d)of the Act,as amended by House Bill 3056,which took effect
September 1,2017,provides that if the City Council adort's an ordinance under Section 31 A(c)of the
Act,then the City Council shall concurrently adopt an ordinance to allow the employees described by
that Section 31A(c)Ordinance to participate in the Texa-.;Municipal Retirement System ("TMRS");
and
WHEREAS,if that Section 31A(c)Ordinance is approved by the participating members of
the FRRF in the election required by Section 31A(e)of the Act,the City is required to give written
notice of the results of that election to TMRS and include copies of that Section 31 A(c)Ordinance,
this Ordinance,and any amended FRRF retirement system plan documents;NOW,THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK,TEXAS:
SECTION 1.That upon approval by the participating members of the FRRF of the Section
31A (c)Ordinance and the adoption of this Ordinance pursuant to Section 31 A(d)of the Act,
employees of the City's fire department first hired on or after the "closure effective date"(the "Future
Fire Employees")are excluded from participation in the existing FRRF plan,and are hereby allowed
to paI1icipate in the TMRS on the same basis upon which employees of the City now and hereafter
participate in TMRS.In this Ordinance,·'c1osure effectIve date"means the first day of the second
month after the month in which the TMRS receives the FRRF retirement system plan documents
required by Section 31A of the Act.
SECTION 2.That the Future Fire Employees will be considered employees of a
"department"as defined by new TMRS Act Section 851.0011 eligible for membership in and required
to become members in the TMRS if they meet the definition of aI1"employee"under the TMRS Act,
and if the City completes all actions authorized or required by Section 31A of the Act before October
I,2018 and in accordance with the provisions of Chapter 851 of the Government Code,as amended
by House Bill 3056,effective September 1,2017.
SECTION 3.Having passed this Ordinance and the Section 31 A(c)Ordinance,all
subsequent action authorized or required by Section 31 A must be completed by the City before
October 1,2018.The city manager and fire chief are hereby authorized and directed to take all
administrative actions necessary to give effect to this Ordinance.
SECTION 4.If any prior ordinances of the City of University Park,Texas (""Prior
Ordinances'·)are in conflict with any provision of this Ordinance or any provision of the Section 31 A
(c)Ordinance,then the conflicting provisions of such Prior Ordinances are hereby repealed only to
the extent necessary to allow the actions authorized by this Ordinance and by the Section 31A (c)
Ordinance to be given effect.
SECTION 5.This Ordinance shall take effect immediately from and after its passage as the
law and Charter in such cases provide.
DULY PASSED by the City Council of the City of University Park,Texas,on the 5th
day of September 2017.
PPROVEDAS~O ~4
CITY ATTORNEY
(RLD 6/8/17)
TM 86922
ATTEST:
CHRISTINE GREEN,CITY SECRETARY