HomeMy WebLinkAboutOrdinance 7875 ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO. 7056
(APPENDIX C, "RETIREMENT SYSTEM", OF THE CODE OF THE
CITY OF FORT WORTH [1964], AS AMENDED) BY ADDING A NEW
PARAGRAPH 18 THERETO; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL PROVISIONS OF ORDINANCES
AND OF SUCH CODE AFFECTING THE RETIREMENT SYSTEM OF
THE CITY OF FORT WORTH; PROVIDING A SAVING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE;. DIRECTING PUBLICA-
TION; AND NAMING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That Section 2, "Definitions", of Ordinance 7056 (Appendix
C, "Retirement System", of The Code of The City of Fort Worth
(1964] , as amended) be, and the Game is hereby amended by adding
a new paragraph 18 thereto, which paragraph shall read as follows:
" (18) For purposes of computing employees' and
employer's contributions to the fund pursuant to
Sections 4 and 5, following, salary shall include:
(a) All sums paid by the City to its
employees as remuneration for services
rendered;
(b) All sums for incapacity received in
accordance with Article 1269m, Texas
Revised Civil Statutes or any other
statute providing for payment for in-
capacity to work because of injury on
the job;
(c) All weekly Worker's Compensation bene-
fits by which those sums referred to
in sub-paragraph (b) above are offset
pursuant to Article 8309h, Texas Re-
vised Civil Statutes."
SECTION 2.
That this ordinance shall be cumulative of all provisions
of ordinances and of the Code of the City of Fort Worth (1964) ,
as amended, affecting the retirement system except where the
provisions of this ordinance are in direct conflict with the
provisions of such ordinances and such Code, in which event
10
conflicting provisions of such ordinances and such Code are hereby
repealed.
SECTION 3.
That all rights or remedies of the City of Fort Worth, Texas,
are expressly saved as to any and all violations of the provisions
of Appendix C of the Code of the City of Fort Worth (1964) , as
amended, and of any other ordinances affecting the retirement
system which have accrued at the time of the effective date of
this ordinance; and as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in court or
not, under such cliapter or other ordinances, same shall not be
affected by this ordinance but may be prosecuted until final dis-
position by the courts.
SECTION 4.
That it is hereby declared to be the intention of the City
Council of the City of Fort Worth, Texas, that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are
severable and if any section, paragraph, sentence, clause or
phrase of this ordinance shall be declared void, ineffective or
unconstitutional by the valid judgment or final decree of a court
of competent jurisdiction, such voidness, ineffectiveness or un-
constitutionality shall not affect any of the remaining sections,
paragraphs, sentences, clauses or phrases of this ordinance
since the same would have been enacted by the City Council with-
out the incorporation herein of any such void, ineffective or
unconstitutional section, paragraph, sentence, clause or phrase.
SECTION 5.
That the City Secretary of the City of Fort Worth, Texas,
is hereby directed to publish the caption and effective date
of this ordinance for five (5) days in the official newspaper of
the City of Fort Worth, Texas.
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SECTION 6.
That this ordinance shall be in full force and effect from
and after the date of its passage and publication as required
by law and it is so ordained.
APPROVED AS TO FORM AND LEGALITY
A THUR R PE RSEN
ity Attornely
-3-
,9r,: s
City of Fort Worth, Texas
HERCHERT Mayor and Council Communication
BAILIFF •/ ��
SMITH
DATE REFERENCE SUBJECT: Retirement Ordinance Proposed PAGE
'ETER5cN
NUM G-4051 NUMBER Amendment to Make Provision for Amend- 1
1/30/79 ments to Section 5 Article 8309h for
PRIORE Revised Civil Statutes of Texas (SB 479)
An inquiry was directed to the Department of Law concerning the necessity
of amending the City's Retirement Ordinance to take cognizance of the
amendment (SB 479) enacted by the last Legislature to Article 8309h, R.C.S.
Their response is summarized as follows:
The Retirement Ordinance presently provides only for contributions based
on salary and since workers' compensation benefits are technically not
salary, an amendment to the ordinance is appropriate. This can be done by
adding a definition of "Salary" under Section 2, "Definitions,"
A proposed ordinance amending Section 2 of Ordinance No. 7056 by adding a
new paragraph 18 thereto is appended for consideration.
It is recommended that the attached ordinance be adopted.
MCM:ms
Attachment
SUBMITTED BY: DISPOSITION COUNCIL: PROCESSE BY
R-APPROVED n0 OTHER (DESCRIBE)
ADOPTED ORDINANCE i tl O. 2e2,5 TY SECRETARY
r . � DATE �(
CITY MANAGER