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+ , r ~ • <br />'. ~, RET,y'F <br />,v ~ <br />~~~ <br />.i1 ~~~.~ <br />TEXAS MUNICIPAL RETIREMENT SYSTEM 1200 NORTH INTERSTATE 35, AC 512/476-7577 <br />POST OFFICE BOX 2225 <br />AUSTIN, TEXAS 78768 <br />August 8, 1985 <br />Mr. Richard T. Hare <br />Assistant City Manager <br />City of La Porte <br />P. O. Box 1115 <br />La Porte, Texas 77571 <br />Dear Richard: <br />I am writing as a follow up to your recent letter, regarding probationary periods for new <br />employees, and whether or not new employees should be enrolled in TMRS when they are <br />employed, or upon the completion of their six-month probationary period. <br />As you know, the TMRS Act requires that employees become members of TMRS as a condition <br />of their employment, with the following exceptions: <br />1) Employees who work less than 1,000 hours per year. <br />2) Temporary employees. <br />3) Employees who are 60 years of age or older when employed. <br />In the past, many cities did not consider a person an "employee" until they completed a <br />probationary period, and consequently did not enroll new employees in TMRS until that time. <br />In the case of the City of La Porte, the disadvantages of not enrolling employees during the <br />first six months of employment are as follows: <br />1) If an employee dies prior to becoming a member of TMRS, no Supplemental Death <br />Benefit (equal to one-year's salary) would be paid to the beneficiary. <br />2) If an employee became disabled in the line of duty prior to becoming a member of <br />the System, they would not be entitled to receive a monthly disability annuity. If <br />the employee was a member in the System, their monthly disability annuity as a <br />result of aservice-connected injury would be one-half of their monthly salary. <br />3) If an employee is not a member of TMRS during their first six months of <br />employment, and they receive a pay increase of less than 796 upon completion of <br />their probationary period, they will actually see a decrease in their take home pay <br />because of the required 796 TMRS contribution. Conversely, if new employees are <br />enrolled in TMRS when employed, and begin making TMRS contributions at that <br />time, they would actually see an increase in their take home pay if they receive a <br />pay increase upon completion of their probationary period. <br />From a personnel standpoint, I think it is certainly advantageous and equitable for all <br />employees, regardless of length of employment, to be provided the same benefits, including <br />retirement. If a new employee does not complete the required probationary period, they would <br />be refunded the money they have contributed to TMRS while they were employed by the City. <br />Most member cities of TMRS have discontinued the policy of not enrolling employees in TMRS <br />until they complete a probationary period, and enroll new employees on their date of <br />employment. <br />