2022-74 - O - Authorizing TMRS Prior Service Credits 12.13.22TOWN OF PROSPER, TEXAS
ORDINANCE NO. 2022-74
i AN ORDINANCE OF THE TOWN OF PROPSER, TEXAS, AUTHORIZING AND
J ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL
RETIREMENT SYSTEM, RESTRICTED PRIOR SERVICE CREDIT TO
EMPLOYEES WHO ARE MEMBERS OF THE SYSTEM FOR SERVICE
PREVIOUSLY PERFORMED FOR VARIOUS OTHER PUBLIC ENTITIES FOR
WHICH THEY HAVE NOT RECEIVED CREDITED SERVICE; MAKING
FINDINGS; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Prosper, Texas, has heretofore adopted an
ordinance pursuant to Subtitle G of Title 8, Texas Government Code, as amended, authorizing
participation in the Texas Municipal Retirement System ("TMRS") for Town employees; and
WHEREAS, it is the desire of the Town Council to authorize restricted prior service credit
for Town employees who pay into TMRS; and
WHEREAS, the Town Council desires to adopt an ordinance providing for same.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are found to be true and correct legislative and factual
determinations of the Town of Prosper, Texas, and are hereby approved and incorporated into
the body of this Ordinance as if copied in their entirety.
SECTION 2
Authorization of Restricted Prior Service Credit.
(a) On the terms and conditions set out in Sections 853.305 of Subtitle G of Title 8,
Texas 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 is now
or who hereafter becomes an employee of this Town shall receive restricted prior service credit
for service previously performed as an employee of any of the entities described in said Section
853.305 provided that (1) the person does not otherwise have credited service in the System for
that service, and (2) the service meets the requirements of said Section 853.305.
(b) The service credit hereby granted may be used only to satisfy length -of -service
requirements for retirement eligibility, has no monetary value in computing the annuity payments
allowable to the member, and may not be used in other computations, including computation of
Updated Service Credits.
(c) A member seeking to establish restricted prior service credit under this Ordinance
must take the action required under said Section 853.305 while still an employee of this Town.
SECTION 3
This Ordinance shall be cumulative of all provisions of ordinances of the Town of Prosper,
Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of
such ordinances, in which event the conflicting provisions of such ordinances are hereby
repealed.
SECTION 4
It is hereby declared to be the intention of the Town Council that the phrases, clauses,
sentences, paragraphs and sections of this Ordinance are severable, and if any 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 phrases, clauses, sentences, paragraphs and sections of this Ordinance,
since same would have been enacted by the Town Council without the incorporation in this
Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section, and said
remaining portions shall remain in full force and effect.
SECTION 5
Effective Date. This Ordinance shall become effective from and after its adoption.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 13th DAY OF DECEMBER, 2022.
David F. Bristol, Mayor
ATTEST:
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Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 2022-74, Page 2
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