The Laws of Texas, 1937-1939 [Volume 31] Page: 489 of 1,313
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FORTY-SIXTH LEGISLATURE-REGULAR SESSION. 115
of such city, and if such contributions shall constitute a debt
incurred in any fiscal year to be paid after the end of such fiscal
year, then in such events the question as to whether the governing
body of said city should be empowered to appropriate from
the public revenues each year for the purpose of augmenting the
retirement fund shall be submitted to a vote of the qualified
voters who are taxpayers in such city.
SEC. 2. This Act may be referred to as the Municipal Retirement
Law.
SEC. 3. The following words and phrases as used in this
Act, unless a different meaning is required by the context, shall
have the following meanings:
(1) "Retirement system" shall mean the employees' retirement
system of the city in which such system provided for herein
is established.
(2) "Board" shall mean the "Municipal Retirement Board"
provided for in this Act to administer the retirement system.
(3) (a) "City" shall mean the city in which the retirement
system as herein provided is established.
(b) "City Agency" shall mean any board, commission, division,
department, office or agency of the city government, by
which an employee of the city is paid.
(4) "Employee" shall mean any person employed by the city
or city agency as hereinbefore defined in regular service at a
wage or salary payable at stated intervals, but shall not include
any person in the city service elected by the vote of the people.
In the event of a question arising as to the right of any person
in the service of the city to be classified as an employee under
this Act, the decision of the Board shall be final.
(5) "Member" shall mean any person included in the membership
of the retirement system as provided in this Act.
(6) "Annuity" shall mean the annual payments for life derived
from contributions made by a member. All annuities shall
be paid in equal monthly instalments.
(7) "Pension" shall mean the annual payments for life derived
from contributions made by the city. All pensions shall be paid
in equal monthly instalments.
(8) "Retirement allowance" shall mean the annuity plus the
pension, or any optional benefit payable in lieu thereof.
(9) "Earnable compensation" shall mean the full rate of
compensation that would be payable to a member if he worked
the full normal working time for his position. In cases where
compensation includes maintenance, the Board may in its discretion
fix the value of that part of the compensation not payable
in money, and in the event that such Board does not exercise
its discretion "earnable compensation" shall mean the full
rate of compensation payable in money.
(10) "Final average salary" shall mean the average annual
earnable compensation of a member during his last five years
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1937-1939 [Volume 31], book, 1939; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth18824/m1/489/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .