Proportionate retirement benefits.
El Paso City Code § 2.64.205
in effect2.64.205 - Proportionate retirement benefits.
When an employee who is a member of the city employees' pension fund joins another city-sponsored pension fund which has elected to participate in a proportionate retirement program pursuant to Chapter 803 of the Texas Government Code (Chapter 803), the applicable benefit payable from the city employees' pension fund will be based upon the service credit earned while the employee contributed to the city employees' pension fund. The benefits available to those employees who no longer participate by contributing to the city employees' pension fund are generally the same as those provided to employees who do not participate in more than one pension fund participating in a proportionate retirement program. The proportionate retirement benefits available to such employees shall be the same as those retirement benefits available to employees who do not stop making pension contributions to the city employees' pension fund.
A. The following rules shall apply for the purpose of calculating proportionate retirement benefits under Chapter 803 for those city employees who transfer to another city-sponsored pension fund which has adopted Chapter 803:
1. A person who becomes ineligible for membership in the city employees' pension fund due to a transfer to a job while in the city employment and who desires to maintain membership in the city employees' pension fund will be allowed to continue membership in the city employees' pension fund for the limited purpose of deferring benefits under the city employees' pension fund.
2. The amount of sick leave which may be used for the purpose of calculating credited service shall be the accumulated amount on the day that the employee stops making pension contributions to the city employees' pension fund.
3. The final pay for purposes of retirement calculations will be calculated under either subsection A. or B., as applicable:
a. For employees who first became fund participants before September I, 20 II, the final pay for purposes of retirement calculations will be the monthly average of the pensionable gross compensation received by the employee for the last three years prior to the date that the employee stops making pension contributions to the city employees' pension fund, or the monthly average of the base salary received by the employee for the year immediately prior to the date that the employee stops making pension contributions to the city employees' pension fund, or the monthly base salary pay the employee is entitled to receive for the month immediately prior to the date that the employee stops making pension contributions to the city employees' pension fund, whichever is greater, or
b. For employees who first became fund participants on or after September 1, 2011, the final pay for purposes of retirement calculations shall be the monthly average of the pensionable gross compensation received by the participant during the last three years immediately preceding retirement (for purposes of 2.64.00(F)), the last three years immediately preceding retirement shall mean the last three years immediately preceding retirement which the participant received service credit); provided, however, that under no circumstance shall said final pay exceed ninety percent of the participant's average monthly gross pay.
4. For the sole purpose of allowing refunds any employee who begins participation in another city sponsored pension fund may make a one-time election to receive a refund from the city employees' pension fund for contributions made to the city employees' pension fund if such election is made within thirty days after contributions to the city employees' pension fund have stopped. Such election is irrevocable. A person who receives a refund of pension contributions ceases to be a participant in the city employees' pension fund upon receipt of such refund, and forfeits all rights to a proportionate retirement pension from the city employees' pension fund under Chapter 803.
5. No employee who transfers to another city sponsored pension fund which participates in a proportionate retirement program shall be allowed to increase his length of service in the city employees' pension fund by paying back into the fund any amount unless the buyback is made by the time the employee's contributions to the city employees' pension fund stop.
6. Any employee who participates in a proportionate share retirement program must make an application for any type of disability retirement before contributions to the city employees' pension fund stop.
B. Should the city employees' pension fund not elect to participate in a proportionate share retirement program as defined in Chapter 803 of the Texas Government Code by August 31, 2000 then this section shall automatically be repealed as of September 1, 2000.
(Ord. 14410, 2000) (Ord. No. 17637, § 7, 8-30-2011; Ord. No. 18089, § 7, 10-29-2013)
Source: City of El Paso, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/el_paso/codes/code_of_ordinances?nodeId=TIT2ADPE_CH2.64CIEMPEFU_2.64.205PRREBEFetched: 10/28/2026