10-30-22-Ordinance-Texas Municipal Retirement System Updated Service Credits to 7%-10/03/2022CITY OF SANGER, TEXAS
ORDINANCE 10-30-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON
COUNTY, TEXAS, REPEALING ORDINANCE 0947-06; AND AUTHORIZING AND
ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT
SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM ON AN ANNUAL BASIS
FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO
AT THE EFFECTIVE DATE OF THE ALLOWANCE ARE IN THE EMPLOYMENT OF
THE CITY OF SANGER; TO INCREASE THE RATE OF DEPOSITS TO THE TEXAS
MUNICIPAL RETIREMENT SYSTEM BY THE EMPLOYEES OF THE CITY
ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A CUMULATIVE
CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING A
SAVINGS CLAUSE, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Sanger (the "City") is a home rule municipality regulated by state
law and Charter; and
WHEREAS, the City Council approved Ordinance 09-17-06 approving the TMRS
Retirement contribution rate to 6% on September 18, 2006; and
WHEREAS, the City Council approved Ordinance 09-17-06 approving the 2006-2007
Fiscal Year Budget on September 28, 2006; and
WHEREAS, the City Council discussed the funding of the TMRS Retirement
contribution increase for City of Sanger employees during a budget work session on July 18,
2022; and
WHEREAS, the City Council approved Ordinance 09-23-22 approving the 2022-2023
Fiscal Year Budget on September 19, 2022 funding the TMRS Retirement contribution increase
for employees; and
WHEREAS, the City Council finds that the passage of this Ordinance is in the best interest
of the citizens of Sanger.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SANGER, TEXAS:
SECTION 1. Authorization of Updated Service Credits.
(a) On the terms and conditions set out in Sections 853.401 through 853.404 of Subtitle
G of Title 8, Government Code, as amended, (hereinafter referred to as the "TMRS Act"), each
member of the Texas Municipal Retirement System (hereinafter referred to as the "System") who
Ordinance —TMRS Contribution Increase
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has current service credit or prior service credit in the System in force and effect on the 1 st day of
January of the calendar year preceding such allowance, by reason of service in the employment of
the City (hereinafter called the "City"), and on such date had at least 36 months of credited service
with the System, shall be and is hereby allowed" Updated Service Credit" (as that term is defined
in subsection (d) of Section 853.402 of the TMRS Act).
(b) The Updated Service Credit hereby allowed and provided for shall be 100% %J the
"base Updated Service Credit" of the member (calculated as provided in subsection (c) of Section
853.402 of the TMRS Act). If the City has previously adopted, or if it hereafter adopts an
ordinance authorizing Updated Service Credit for unforfeited credit for prior service or current
service with any other participating municipality, the calculations and adjustments set forth in
Section 853.601 of the TMRS Act shall apply to any such transferred service.
(c) Each Updated Service Credit allowed hereunder shall replace any Updated Service
Credit, prior service credit, special prior service credit, or antecedent service credit previously
authorized for part of the same service.
(d) The initial allowance of Updated Service Credit hereunder shall be effective on
January 1, 2023, subject to approval by the Board of Trustees of the System. An allowance shall
be made hereunder on January 1 of each subsequent year until this ordinance ceases to be in effect
under subsection (e) of Section 853.404 of the TMRS Act, provided that, as to such subsequent
year, the actuary for the System has made the determination set forth in subsection (d) of Section
353.404 of the TMRS Act.
(e) In accordance with the provisions of subsection (d) of Section 853.401 of the
TMRS Act, the deposits required to be made to the System by employees of the several
participating departments on account of current service shall be calculated from and after the
effective date of this ordinance on the full amount of such person's compensation as an employee
of the City.
SECTION 2. Increase Deposit Rate: All employees of the City, who are members of the Texas
Municipal Retirement System, shall make deposits to the System at the rate of 7% of their
individual earnings effective the first day of January 2023.
SECTION 3. That all matters stated in the preamble are found to be true and correct
and are incorporated herein as if copied in their entirety.
SECTION 4. It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any
word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same
would have been enacted by the City Council without the incorporation in this Ordinance of any
such unconstitutional word, phrase, clause, sentence, paragraph, or section.
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SECTION S. That this Ordinance shall be cumulative of all other City Ordinances and all other
provisions of other Ordinances adopted by the City which are inconsistent with the terms or
provisions of this Ordinance are hereby repealed.
SECTION 6. Effective Date. Subject to approval by the Board of Trustees of the System, this
ordinance shall be and become effective on the 1 st day of January 2023.
PASSED AND APPROVED by the City Council of the City of Sanger, Texas, on this
3,d day of October 2022,
ATTEST:
City Secretary, i i i , ,, ��,
CF SANG '.
co�`�
Ordinance — TMRS Contribution Increase
APPROVED:
Thomas E. Muir, Mayor
Coleman, City Attorney
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