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89-1564 WMITE - CITV CLERK COl1I1C11 PINK - FINANCE G I TY OF A I NT PAU L � CANARV - DEPARTMENT � ��� BIUE - MAVOR File NO. , Co ncil Resolution -� �� , Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, The Saint Paul Po ice Relief Association is a pensior. fund created by s�atute and to which police department pe�sonnel and the City contribu e sums of money to maintain the fulfillment of its objectives, nd WHEREAS, The Association c anged its by-laws in July 1989 and Minnesota Statute 69.77 req ires approval by the City of the by-laws or amer�dmen±s thereto, efore they become effective, if the City contributes to the pen ion fund, and WHEREAS, the effect of the by-law changes will 1) add more retired members to the Associat'on' s Board of Directors as mandated by the 1989 Legislatur , 2) provide vesting after five years of service and, 3) increa e survivor benefits from 20 units per month to 27 1/2 units per m nth, and WHEREAS, actuarial valuati ns have been obtained indicating the expected financial impact o the increased retirement benefits, and WHEREAS, the amended by-la s are attached hereto with the amendments underlined, now ther fore, be it RESOLVED, that the Council of the City of Saint Paul hereby approves of the association by- aws as amended, which are attached hereto and incorporate by reference. COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond Finance and Management Services i�+�- [n Favor coswitz ' Schebel � __ Against BY �" Sonnen Wilson Adopted by Council: Date SEP � � �9p� Form A r ved by City tor y Certified Pa s py Council ret By By� D X A+ppr by Mavor: Date r _ � � App o ed Mayo for Subm' io o eouncil By �«� S E P 1 � 198 ��--���- DEPARTMENTlOFFlCEICOUNdL DATE 1 TI Finance g $ GREEN SHEET No. � 0 4 6 CONTACT PERSON 3 PNONE INITIALI DATE INITIAUDATE OEPARTMENT DIRECTOR �CRY COUNCIL Gary Norstrem ,,• � N Mu�BER CITy ATTpqNEY � Q CITY CLERK MU8T BE ON OOUNpL AGENW(BY(DA7� ROUTINO , BUDOET DIRECTOR �FIN.&M�T.SERVICE8 DIR. 3 MAYOR(OR ABSIST � TOTAL N OF SIGNATURE PAQES �� �L�;CLIP AL � LO ATIONS FOR StGNATURE) ACTION REQUE8TED: Pass resolution approving Police Relief Association �y- w chanqes which grant increased survivor benefits, 5 year vestinq and addition of retirees to the Board of Dixiect rs. i REC;OMMENDA71oNS:Apqwe(N o►�(pl COUNCIL OM ITTEE/�ARCH t�PORT OPTIONAL —PLANNINO OO�AMISSION _qVIL SERVIi�:�SiON ANA�Y3T I PHONE NO. _qB OOMMITTEE — n —STAFF _ ��I I, � ��R y COMMENTS - _����'�` p� � CITY ATTORN� SUPPORTS WHICH COUNdL OBJECTIVE? �YO1f S OF�"i`�T � INITIATING PROBLEM,ISSUE,OPPOR7UNITY(INho,What,When,Where,Why): The survivinq spouse benefit has had thorouqh hearin�gs d the benefits increase will put police surviving spouses at parity with fire survivinq spouses. The 5 year v�est g is a NON COST item and the addition of retirees to the Board of Directors :s mandated by statute. ' ' RECEIVED ' AU G 2 41989 j OFFICE OF THE DIRECTOR ADVANTAOEB If APPF�VED: Provides chanqes to the Relief Association as indica�ted ove. A.ND MANP.GEMENT SFRVICES (*NOTE: The addition of retirees to the Board does �ot equire City Council approval, but was included in the Relief Association bp-law chanqes submitted; to he City Council.) i DISI�DVANTACiE3 IF APPROVED: , As the City Council is awaze, the surviving spouse b�nef t increase couid add a substancial increase to the Citp tax levy in 1991. DISADVANTAOE8 IF NOT APPROVED: - Parity for survivinq spouses is delayed. i - Vestinq remains at 20 years (which is too lonq a t�me) Council Research Center, � AUG 2 9 i989 TOTAL AMOUNT OF TRANSACTION : nothing in 1989 or 1990� �pgT/pEyENUE BUDOETED(GRCLE ONE) YES NO FUNDING SOURCE Ta7c Levy , ACTIVITY NUMBER FlNANqAL INFORMATION:(EXPWI� �' i NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCTIONA� MANUAL AVAILABLE IN THE PURCHASING OFFICE(PHONE NO. 298-4225). ROUTING ORDER: Below are preferred routings for the five most frequent types of documents: CONTRACTS (assumea authorized COUNCIL RESOLUTION (Amend, Bdgts./ budget exists) Axept. Grants) 1. Outside Agency 1. DepartmeM Director 2. Initiating Department 2. Budget Director 3. Ciry Attomey 3. City Attomey 4. Mayor 4. MayodAssistant 5. Flnance&Mgmt Svcs. Director 5. City Councfl 6. Finance Accounting 6. Chief AxountaM, Fln&Mgmt Svcs. ADMINISTRATIVE ORDER (Budget COUNCIL RESOLUTION (all others) Revision) and ORDINANCE 1. Activity Maneger 1. Initiating Department Director 2. Department Accountant 2. Ciry Attorney � 3. Department Director 3. MayodAssistaM 4. Budget Director 4. Ciry Council 5. City Gerk 6. Chief Accountant, Fin 8 Mgmt Svcs. ADMINISTRATIVE ORDERS (all others) 1. Initiating D�partment 2. Ciry Attomey 3. MayoNAssistant a. Ciry Clerk TOTA�.NUM�ER QF SIONATURE PAGIES Indi�ate the�#�'of pages on which si�natures are required and� each�of tllege es. � , • . � � ACTION REQUESTED Deacribe what the projecUrequest seeks to accomplish in either chronologi- cal order or order of importance,whichever is most appropriete for the issue. Do not write complete sentences. Begin each item in your Nst with a verb. RECOMMENDATIONS Complete if the issue in question has been presented before any body, pulilic or private. SUPPORTS WHICH COUNGL OBJECTIVE? Indicate which Council objective(s)your projecUrequest supports by listing the key woM(s)(HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT, BUDGET, SEWER SEPARATION).(SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.) COUNCIL COMMITTEE/RESEARCH REPORT-OPTIONAL AS RECIUESTED BY COUNCIL INITIATING PROBLEM, ISSUE,OPPORTUNITY Explain the situation or conditions that created a need for your project or request. ADVANTAGES IF APPROVED Indicate whether this is simply an annuai budget procedure required by Iaw/ chaRer or whether there are specific wa s in which the City of Saint Paul and its citizens will benefit from this pro�ecUaction. DISApVANTAC3ES IF APPROVED What negative effects or major changes to existing or past processes might this proJecUrequest produce if it is passed(e.g.,traffic delays, noise, tax increases or assessments)?To Whom?When? For how long? DISADVANTA(3ES IF NOT APPROVED What will be the negative con�quences if the promised action is not approved? Inabiliry to deliver serviceT Continued high traffic, nase, accident rate?Loss of revenue? FINANCIAL IMPACT Although you must tailor the information you provide here to the issue you are addressing, in general you must answer two questions: How much is it gang to c�st?Who is gang to pay? � �.. ���;-i.s�� ; AMENDE BY—LAWS OF THE SAINT PAUL POL CE RELIEF ASSOCIATION (Augus 1 , 1989) ART CLE I Comp sition This corporation shall be composed of inembers of the Police Department of the City of Saint Paul , yinnesota, who, at the time of becoming membe s of the corporation shall be free from all physical disabi ities that prevent them from doing active duty. ART CLE II Mem ership A member of the Police De artment of the City of Saint Paul means any person regularly employed an entered on the payroll in the police departm nt of the City, on active duty, except those classified as cl rical by Civil Service Rules and Classification of Positio of the City of Saint Paul , and except ambulance surgeons , an includes any person who was a member of the police relief a sociation of the City under any previous law. The term "memb " shall also include those persons who were members of t e police relief association of the city at the time of their ransfer from the bureau of police and fire alarm telegra of the department of public safety to the department of pu lic works and carried on a public works department payroll after such transfer. 1 . : �.. . , �,��-��� ARTIC E III ' D es The Treasurer of the City f Saint Paul , (the Treasurer , ex-officio of said Association , shall deduct each month from the monthly pay of each member of said Association, an amount equal to eight percent of the urrent maximum monthly pay of a police officer during payrol periods commencing after January 1 , 1982 and place the ame to the credit of the Police Pension Fund. ARTI LE IV S al The corporation shall have a comrnon seal , circular in form, bearing the words and fi ures "The Saint Paul Police Relief Association, Incorporat d A. D. 1903" . ARTIC E V Meetings � Annua , Special-Place All meetings of the corpor tion shall be held in the City of Saint Paul , Unless notice s given to the contrary, said meetings shall be held in the ublic Safety Building, Tenth and 1�Iinnesota Streets , in said City. The Annual Meeting shall b held on the third Tuesday in February in each year, commenc ng February 198b , and any meeting of the Association may be adjourned from time to time by a majority vote of inembers resent and voting at such meeting. Special meetings shall be eld at any time upon the order of the Board of Directors , or pon the written request of fifty (50) or more members of he Association, addressed to the President , stating the obj ct of such proposed meeting. votice setting forth the t me , place and purpose of all meetings of the Association, s all be given by having said notice published in the City o Saint Paul "Police Bulletin" at least three days previous t the time appointed for holding such meeting, if such ' Police Bulletin" is being published, and by posting a no ice of such meeting on the Police Bulletin Board in the P blic Safety Building three days prior to the date of such meeting; provided, however, ; ��. , ������ that if the meeting is one ca led for the purpose of amending ' or repealing By-laws or amend ng Articles of Incorporation of said Association, or for a sp cial meeting to fill a vacancy in office , notice shall be gi e as provided in Article VI or Article XIX hereof . At all meeting a majority of inembers present and voting shall have power to transact usiness . ART CLE VI � Board o Directors The government of the cor oration shall be and is hereby vested in a Board of Director who shall be elected at the first annual meeting, and sha I consist of five (5) members elected at said meeting for t rms of one , two, three , four and five years respectively, nd one member shall be elected to said Board of Directors at each annual meeting thereafter for the term of five years . fter January lst , 1986, the Board shall be increased to s x members by adding one retired member, after Jul 1 , 1989, r tired members shall be represented in the same propo tion that the number of retired members bears o e o a me ers i . H w v e members are never entitled to more seats on the board of .._y._,.... _..__..... ..�...�..��....Y.�...���...�,..�.r , directors than the active mem ers . The Retired directors �n.......v..�..r..�...�.�,...�,...Mw,.._...., s a e ei er ervice"'�'en ioners" , "Deferred Pensioners" , "On-Duty Disability Pensioner " , or "�on-Duty Disability Pensioners" , who shall be ele ted by a vote of retired members who are "Service Pens oners" , "Deferred Pensioners" , "On-Duty Disability Pensioner " , and "Non-Duty Disability Pensioners" . The board of di ectors shall determine the initial term for re ire dire tors as they are��addedVto the --------___�_ - ------..___���__.—.__________� board, so that no two retired directors have terms,�that„ -- ---- ---- - ___..._._.�._ _ .�_..._.�._...�....�...._�_�._..r...e._ �._. expire in the same �ear. The eafter, the term of the retired member elected as a director hall be for five years , and an election for the position sha 1 be held every five_ years thereafter. The Mayor, the C ief of Police , and the Treasurer of the City of Sain Paul shall at all times be ex- officio members of said Board of Directors . All other officers of said corporation hall hold their respective offices for the term to which they were elected, and until their successors shall be ele ted and have qualified; provided, however, that every Director shall cease to retain the office when he/she ceases to be an employed member of the Police Department of the City of Saint Paul . The Directors shall , imme iately after their election and without further notice, elect a President , Vice President and Secretary, who shall respecti ely be President , Vice President, and Secretary of t e corporation. Only members of 3 . . ������� the board of directors shall e eligible to the office of President and Vice President . In all cases in which pow r is given or shall be � given to the Directors to do or author' ze any act , the same may be , done or authorized, a quorum eing present , by a majority of the Directors present at the eeting. In case of a vacancy in the Board of Directors , th same shall be filled by a special election of the membe ship called by the Board of Directors upon ten ( 10) days otice of the holding of the same , and said election shall be by secret ballot . If at any time by reason f death, resignation, or otherwise , the members of sai Board of Directors number less than (9) , all the power and a hority conferred upon the entire Board of Directors shall be held and enjoyed by the remaining members of said Boa until such vacancy is filled. Written charges may be pre erred by not less than three (3) members of the corporation at any meeting of the corporation or any meeting of he Board of Directors , against any Director or officer of the corporation, for neglect of any duty as a member of said B ard or for conduct detrimental to the interests of the corpor tion; and if , after a full investigation and hearing, the charges are sustained by a vote of the majority of the me bers present , the corporation or Board of Directors shall de lare the office held by such Director or officer of the cor oration vacant . The Board of Directors sha 1 be responsible for the investment of the funds of the Association. They must at all times adhere to the "Prudent P rson Rule" of investment , and meet all investment criteria a set forth in Minnesota Statutes . The Directors shall at all times have access to the books of the Treasurer and Secretary belonging to the corporation. The Directors shall have gener 1 direction and control of all the business of the corporatio . They shall cause a report to be made of the financial st nding of the corporation at its annual meeting and shall f le, on or before the 15th day of July in each year, with the City of Saint Paul , a record of the amount of money receive , expended, and remaining on hand to the credit of the corp ration. They may establish suitable rules , consistent wit the by—laws , for the regulation of their own procee ings . All questions relating to he payment of benefits and all other questions coming before he Board shall be determined, a quorum being present, by a m jority vote of the Directors present and voting, and shall e recorded in the minutes of the meeting in detail . �Ioneys paid from the treasury of the corporation shall be paid only by order of a majority vote of the Board of Directors . 4 . � . - _ �c�-�s�� A quorum of the board of D rectors shall consist of four (4) Directors . If a Director neglects , fo three consecutive months , to , attend the meeting of the Boar of directors , unless excused, he/she may be expelled from me bership on the Board, and his/her office declared vacant by the Board of Directors . ARTIC E VII rieetings of the oard of Directors The Board of Directors sha 1 hold at least one regular meeting each month and may hol special meetings . The President may call a special m eting of the Board at any time , and shal. l call such meet ' ng upon the written application of two or more mem ers of the Board, stating the object for which the special m eting is to be called. Whether called by the Presiden voluntarily, or after written application as above provided or, a notice calling such meeting, which notice shall st te the time, place and purpose of such meeting shall be sent y the Secretary to each Director at least two (2) days before the date of the meeting, unless such notice is waived by each Director in writing. Ivo business other th n that specified in such notice shall be transacted at special meeting of the Board of Directors except by a majori y vote of the elected members of said Board. Elected Directors of the Bo rd shall be compensated at a rate of three (3) units per mo h payable quarterly. ARTICL VIII Duties of resident The President shall be the hief executive officer of the corporation. The President sha 1 preside at the meetings of the corporation and the Board o Directors . The President shall sign all drafts made upon the Treasurer by direction of the Board of Directors , and sha l , in writing, direct the Secretary to call all meetings f the corporation and special meetings of the Directors, spec fying the purposes for which the meeting is called, and shal perform such other duties as pertain to the office. The President shall be comp nsated at a rate of two (2) 5 : � , ���-is�� units per month payable quarte ly; these units are in addition to any compensation r ceived for duties as a Director. _ ARTIC E IX Duties of V' ce President In the absence of the Pres ' dent from the City, or from any meeting of the corporation or Board of Directors , the Vice President shall perform t e duties of the President. The Vice President shall be compensated at a rate of one ( 1 ) unit per month payable qua terly; this �init is in addition t.o any compensation received for duties as a Director. ARTIC E X Secre ary The Secretary, in the absen e of the President and Vice President from any meeting of t e corporation or of the Board of Directors , shall call such m etings to order and preside until a president pro tempore i elected. The Secretary sha11 keep a record of the proc edings and business of the corporation and of the Board of Directors at all regular and special meetings , in books kept for that purpose, to be at all times subject to the inspec ion of the members of the corporation. The Secretary sha 1 keep a list , alphabetically arranged, of the names of the m mbers of the corporation; shall issue by direction of the President , all notices for the call of ineetings or other b siness of the corporation, shall countersign all drafts ma e by order of the Board of Directors on the Treasurer; sha 1 make all bills for assessments and deliver the sam to the Treasurer. The Secretary shall keep a record o all bills made and delivered; shall notify all per ons of their election as members of the Board; shall com ile the annual report of the Board of Directors ; and perform such other duties as pertain to the office . The Secretary s all , unless sooner removed for cause, hold office for a te m of three (3) years , and until a successor is elected, a d shall after the annual election of Directors, issue a all for the first meeting of said Directors . In the absence of the Secretary at any meeting of the Board of Directo s or the corporation, said Board or the corporation shall elect by ballot a secretary 6 . �. : , ���=is� � pro tempore. ' The Secretary shall be co pensated at a rate of eighteen (18) units per month payable onthly; these units arc in addition to any compensation eceived for duties as a , Director. � All notices of special me tings of Directors shall be given by the Secretary by del vering a notice in writing to each Director personally, or y mailing such notice to each director' s address , or by dep siting such notice at the Police Headquarters , directed to each individual member. ART CLE XI Uuties o Treasurer The Treasurer of the City of Saint Paul shall have custody of all money, propert and evidence of property belonging to the corporation, except as herein otherwise provided. The Treasurer shal collect and receive all assessments , income and money that may be due to the corporation and disburse the ame as the Board of Directors may order. The Treasurer sha 1 pay all drafts drawn upon him/her as Treasurer by the P esident , countersigned by the Secretary. The Treasurer sha 1 surrender all notes , drafts , and other written obligations on payment thereof and shall discharge mortgages on paymen of the debt secured thereby, with the approval of the Boar of Directors. The Treasurer shall give proper vouchers fo all money received, and shall take proper vouchers for all oney paid. The Treasurer shall sign no note , deed, bill of e change , or other written obligation, in the name of th corporation, unless authorized so to do by a majority vote o the Directors . The Treasurer shall deposit , in the name of the corporation, the money received by him/her in such b nk or banks approved for that purpose and shall temporarily invest idle funds of the corporation for a period nat n excess of sixty (60) days . No investment with a maturity longer than sixty (60) days may be purchased or liquidated by the Treasurer without the written consent of the Board f Directors . The Treasurer shall keep a regular set of b oks containing the records of the corporation, and all its unds that pass through his/her hands ; and the books and acco nts shall at all times be subject to inspection by any irector, and the Treasurer shall make a complete settlem nt of his/her accounts quarterly, or more often if t e Board of Directors requires it . The Treasurer shall , at t e annual meetings , report to the Directors all changes in he funds since the last report , 7 . : . . - ���-��� and submit a detailed report o the receipts and expenditures'�' of the corporation during the ast twelve months and shall report the true financial cond tion of the corporation, giving the amount and kind of unds held by him/her and belonging to the corporation. At the close of his/her term , of office , the Treasurer shall deliver all money, property � and evidence of property remai ing in his/her hands , to his/her successor in office , o to committee appointed to receive them. The Treasurer shall be com ensated at a rate of three (3) units per month payable quarte ly. ARTIC E XII Steno rapher The Board of Directors may employ a stenographer, whose salary and duties shall be dete mined by said Board. ARTIC XIII Pensioners ' Ri ts at Meetings One representative of the p nsioners , chosen by the Saint Paul Police Veterans ' Associati n, shall be admitted to any meeting of the Board of Directo s . Said representative shall be entitled to the floor at suc meetings , but shall have no vote upon the questions submitt d to the Board. ARTICL XIV Definitions and Desc iption of benefits For the purposes of this ar icle the terms as defined herein shall have the meanings scribed to them: "Unit" means one-hundredth f the current maximum monthly pay of a police officer in the olice service of the city. "Surviving Spouse" means a erson who was the spouse of a member or a pensioner while he r she was an active member, and who , in case the deceased m mber was a service pensioner, a reduced vested service ensio er deferred pensioner, or on duty or non-duty�disability pen ioner, was married to the 8 �. �. , ���y-i��� member at least one year befor his or her retirement from � the police department; but doe not include a surviving spouse of a member or a pensio er who deserts him or her or a common law spouse of a member r a pensioner. "Child" means an unmarried minor child of a deceased ' member, such child being under the age of 18 years , or a full time student under the age of 3 years , who was living while the deceased member was on the payroll of the police department of the city, or bor within nine months after the decedent was withdrawn from su h payroll , and includes a child legally adopted by the d ceased member before or while the member was on the payroll f tne police department of the City. "Service Pensioner" means member who retires after having attained the age of 50 ears , and having at least 20 years of service in the police departmen�t of the City. "Reduced Vested Service Pe sioner" means a member who retires after Ju1y 1 , 1989 av ng a aine e age o years , an aving a eas � y ars"�";'"T�"u ess an years of s e r v i c e i n e p o�'i c�"'e�'e p a r`�m e'�..,o.�"...��i e...c i:.�.y.�..�...,��.,..,_..._.��..�....,....._.�....�..,� "Deferred Pensioner" means a member who retires , having at least 20 years of service i the police department of the City prior to July 1 , 1989, or retires after July 1 , 1989 � ._ ..�...., ., with at least �ears of _servi_ e in the �ol�ice de�artment _of_ the City,, but not having reach � the age of 50 years . "On-Duty Disability Pension r" means a member who has been germanently disabled, eit r physically or mentally, because of an injury received w ile on duty as a member of the police department of the Ci y so as to render necessary his/her retirement from active olice service . "Non-Duty Disability Pensio er" means a member who retires because of sickness or ' njury occurring while not on duty and not engaged in police ork, and the retirement is necessary because the member is unable to perform police duties . The corporation shall pay p nsion and relief payments of not less than 5 units nor more han 50 units per month in accordance with the following s hedule : (a) Service Pensioner: To e ch member of the Association who retired from the service of the police department prior to January 1 , 1949 , the sum of 0 units per month if such member had served 20 years or m re and had reached the age of 50 years . 9 �. �: , ��-��s�� (b) Deferred Pensioner: T each member of the Association � who retired from the service f the police department prior to January 1 , 1949, after hav ng served 20 years , but had not attained the age of 50 years , the sum of 40 units per month when he/she shall attain the ge of 50 years . (c) Service or Deferred P nsioner: To each member of the Association who retires from he service of the police department after January 1 , 1 49 , after having served 20 years and having attained the age of 50 years , or who retires after such date , having serve 20 years , when he/she shall attain the age of 50 vears , t e sum of 40 units per month. (d) Service or Deferred P nsioner: In addition to the basic pension of 40 units per month provided for herein, there shall be added to the p nsion payment each month to each member of the Associatio retiring after ,3anuary 1 , 1949 , the sum of 1 unit for e ch additional year of service over 20 years , to and includi g 30 years , as follows : 21 years service , 41 units per month; 22 years service, 42 units per month; 23 years service , 43 units per month; 24 years service, 44 units per month; 25 years service , 45 units per month; 26 years service, 46 units per month; 27 years service , 47 units per month; 28 years service, 48 units per month; 29 years service , 49 units per month; 30 years service r more , �0 units per month; provided, however, that each ember who retires from the service of the police departm nt after June 1 , 1971 shall receive two units per month f r each additional year of service over 20 years as foll s : 21 years service , 2 units per month; 22 years service, 4 units per month; 23 years service , 6 units per month; 24 years service , 8 units per month; 25 years service , 0 units per month; provided that none of such pa ents shall be made until such retired member shall have atta'ned the age of 50 years. The total of these pensio payments shall not exceed 50 units per month� except as pro ided in Minnesota Statutes 423A. 01 Subd. 3. e Reduced Vested Service or Deferred Pensioner: To each member of the Associatio who retires from the service of e po ice epar men a er u , , a er avin�� served 5 years but not having ttained 20 years of service , a ,W,.,,..,....�.V.......d......�,....,...,. ,.. ...�..�.ma�.�....�,��..�.,.�, .u�.:_- pension o 1 . 5 unifs per mont for every year of service�in e po i ce. e.�ar .men E`�..`o��i'e =�Y_.• �...�.�. ..,.....µ...���.. ,_.... 1 . �. �. , , ��-�s�� 5 years service, 6 25 units per month; ' 6�years service , uni s per mon ; `�` years service , uni s per mon ; - -�---- .._....:.�..,:...._ years service , uni s per mon ; ' ,�,..,�,�........�... , ° � years service,� Y "":��LL"urii'�s`per mon'�'i; years service , . � uni s�er mon�; �years service�, �1 . 75�units per month; years service , uni`�s per mon�i;� years service , uni s pe�"r mont�i',�J . . ' �4--�years�service�;` ` .�`�uni�"syper��mon�.'YiA; yie4.T��years service ,� 1 . 75 units �er month; ,µ�._� ..,_. ..._. . ,. '.. __ t ..._�..._..� .......,.� I-b�years sertiice , 2 00 units er rnonth; �'T�years se,rvice_, �� . ��� uni�s� per. � J month, 18 years service , 2 . 50 units per month; .�..�„�......�,....,..M.m.�,_.,.,.._,�,<�,Y..,� .,�...,.h. ..a 19 years service, �" �:�"uni�s per—m"on��;� ��..��.,m,.��:�.,_._�.__..w . ,..: .... � .__ .,,�a., ,_..,... _ . (f) Duty Disability Pensio er: To any member of said police department who had been permanently disabled physically or mentally because of injury received or suffered while on duty as a member of s ch police department so as to render necessary his/her retir ment from active police service , the sum of 40 units p r month if the date of such retirement was prior to Januar l , 1949 . If the date of such retirement is subsequent to Ja uary 1 , 1949 , hejshe shali receive the sum of 40 units pe month if the retirement is necessary during the first 20 ears of his/her service , and if such retirement occurs afte 21 years or more of service in the department he/she shall receive the additional unit(s) per month for each additional ear of service provided for in subdivision (d) above , the sam being payable regardless of whether he/she has attained th age of 50 years . (g) von Duty Disability Pe sioner: To any member of said police department who shall , a ter 10 years of service in such departmentT retire becaus of sickness or injury suffered or received while not on duty and not engaged in police work and such retiremen is necessary because such member is unable to perform po ice duties , the sum of 20 units per month, and for each dditional year of service over 10 years , the sum of 2 units p r month, but not to exceed a total of 40 units. If a membe is entitled to more than 40 units through years of service, he/she shall receive those additional units over 40 when e/she becomes 50 years of age, but the total of these pension payments shall not exceed 50 units per month, except as pro ided in Minnesota Statutes 423a. 01 Subd. 3. (h) �o member of the Assoc' ation shall be awarded or paid a pension for disability of an type, received on or off duty, except upon presentation to the Board of Directors of a certificate from one or more c mpetent physicians chosen by the governing Board of the Ass ciation, which shall set out the cause , nature and extent o the disability, disease or 1 , , ' ���`"/��vf° injury suffered by such membe and shall certify that such � member is unable to perform n cessary duties in the police department. (i) In the event that the reserve fund of the Association . shall , at the end of any cale dar year, total less than SZ00 , 000. 00 , the pensions pai to service and disability pensioners who retired prior o January 1 , 1949 , shall be reduced 10% per month for the followin� calendar year. (j ) To the surviving spou e of any pensioned member; the surviving spo�ise of any membe who dies while in the service of the Police Department ; or he surviving spouse of any member who has served for 20 ears and retires before reaching the age of 50 years ; the sum of 27-1/2 units er month. The surviving spouse any mem er w o e�ire�efore reaching'°�i`e age o�`'�`5�""years �`�e�'�T`; an as serve or a eas years , u as no a aine ears ; ����.,� t e sum o . � uni s per mon or eac year of tne members service . pOIl remarrzage o ny suc surviving spouse no fur� pension payments shal be allowed him/her; escept that if the remarriage termin tes for any reason, the sur��iving spouse , whose benef ' t terminated solely because of remarriage , shall be entitled upon reapplication to surviving spouse ' s benefit ; provided, h wever, that such person shall not be entitled to retroactiv payments for any period of time, prior to reapplication. (k) :�ny unmarried child u der 18 years of age of a deceased pensioned member, or unmarried child under 18 years of age of a member who dies w ile in the service of the police department , or unmarri d child under 18 years of age of a member who has served 20 vears and who retires and dies before reaching the age of 50 years , shall be entitled to a pension of 5 units per month. Any unmarried child under I8 years of age of a deceased re uced4vested�ens��ioned member, unmarrie c i un er y ars o�age of a mem�e w�io�has retire after Ju y 1 , �� `� g��� 19���ia in served at eas � years�'�ut ess an��vearsy an ies�b fore �reacfiing`��age�o� �e��� years , sha 1 ye entit e o a pension o uni s per mon�i;���o'r" �eacMFi`"ye�ar'�o�—ser"v''i e . s�`�'�"iis ene i s a e paya e to his/her surviving arent or duly appointed guardian, until the child att ins the age of 18 years ; provided however, that if suc child becomes legally adopted after the death of the member, such child shall not be entitled to such benefits . For the purposes of this . ection, all provisions governing a child under 18 sh 11 be extended to include a full time student under the a e of 23 . ( 1 ) No member is entitled to receive a pension after he/she removes his/her reside ce from the United States . 2 . � . ���/57v� (m) No member who has bee convicted of a felony shall be entitled to such pension duri g the period of his/her incarceration in any penal in titution as punishment . for the commission of such felony; pr vided that no surviving spouse , , or child under 18 years of ag , of any member who shall ha�e been so convicted of a felony shall be deprived of their pension rights by reason ther of unless such surviving spouse or child shall have been a pa ty to the commission of such felony, and provided further hat where such member so convicted of a felony is rece ving a pension at the time of his conviction, his/her survi ing spouse or child under 18 years of age , who has not bee a party to the .commission of such felony shall receive the pension provided for herein in the event of the death of suc member. For the purposes of this ection, a11 provisions governing a child under• 18 sh 11 be extended to include a full time student under the a e of 23 . (n) No person shall be en itled or permitted to receive benefits under two separate p nsions from this Association concurrently, but shall be en i�tled to receive benefits under one pension from this associa ion and at a later date elect to receive different benefits from this Association which that person may then be entit ed to. (o) In the case of any ap licant for a service pension who following his/her entry i to the service of the police department , has served in the military forces of the United States in any war or national defense emergency subsequent to January 1 , 1940 , and thereaft r returned honorably discharged from such service and resumed active duty in the police department , the period that s ch applicant has served in such military or defense emergency service shall be counted in computing the period of servi e herein provided for, but during such period of militar or defense emergency service he/she shall not be considere as an active member of this association and shall not be ntitled to any disability pension for disability incurr d in such rnilitary service. (p) Time off duty because of suspension or removal shall not be included in computing he service of a member. Time off duty because of leave for personal business shall not be included in service, nor time off duty because of illness if such time exceeds the 15 days per year allowed each employee or the accumulated sick leave with pay allowed employees . ART CLE XV Applicatio for pension 3 . . �. C��c,"i�� Applications for pension b nefits shall be made within sixty (60) days after the memb r has ceased to be an active employee in the Police Departm nt of the City of Saint Paul . , Service and dependency pen ions shall be granted only ` upon a majority vote of the Bo rd of Directors after such investigation as said Board ma require. No memUer shall be granted the disability benefits of the Association unless and until a majority of the Board of Directors vote affirmatively u on the question whether the applicant is so disabled as to be unable to p�operly perform his/her duties as a member of he Police Department . The Board may require the member t submit to any physical examination to assist the Boar in determining the question. ARTIC E XVI Voting y ProYy Vo member of the corporati n may vote by proxy at any meeting of the corporation unl ss such proxy is accompanied by a certificate from a duly 1 censed physician that such member is unable , because of i 1 health, to attend such meeting in person. ARTIC E XVII Elec ions On or before the 15th day f November, each year, nominations for the directorsh'p will be submitted in writing to the Board of Directors . If only one name is submitted, there will be no election, and the Secretary shall cast a unanimous ballot for the nomin e at the annual meeting. If only two names are submitted, here will be no primary election, and the names will a pear on the ballot at the general election. If three or more names are submitted, the Board shall have ballots print d and notify the membership that a primary election will b held. Primary elections , when ne ded, shall be held on the first Tuesday in December� at he Public Safety Building between the hours of 6: 30 a.m. and 4: 30 p.m. If one candidate receives a majority f the total votes cast at the primary election, there will b no general election, and the candidate shall be declared el cted at the annual meeting. 1 ., ��.�'�� In the event no candidate rec ives a majority of the total � votes cast, the two candidate receiving the largest number of votes shall have their nam s placed on printed ballots for the general election, which s all be held on the first Tuesday in January. The same location and hours will prevail , as for the primary election. Nomination and election o the retired member shall be in the same manner as other dire tors , except the Board shall mail any required ballots to hose persons eligible to vote on this directorship, not Ies than 20 days before the election date , and they must e recei�ed back by the date of the election in order to be c unted on that date. At the annual meeting in ebruary, the results of the election shall be reported to the membership and the candidate receiving a majorit of the votes cast shall be declared elected. In the event of the resig ation or death of a member of the Board of Directors , a spe ial election shall be cal :ed to fill the uneXpired term. votification that written nominations will be received by the Board of Directors on or efore the date of their next regular monthly meeting will e made in the police daily bulletin and on the bulletin oards in the uniform and detective roll call rooms . after proper notification, the election will be held in the same manner and place as he regular yearly elections , except that in the event of a run off , it shall be held within ten ( 10) days . In all elections in this orporation, written ballots shall be used, and the person receiving the majority of all the votes cast shall be decla ed elected. ARTIC E XVIII Expendit re of Funds The funds of the corporat ' on shall not be expended for any purpose except that set f rth in the Act of the Legislature creating a pensio , and in the articles of incorporation, and in accorda ce with the adopted by-laws, and in payment of necessary e penses of the corporation in the management of its propert and the conduct of its affairs , including any salari s that may be paid the Secretary and others . 5 . P � ������ ARTIC E XIX , Amendments to By-laws These By-laws may be amend d only by a vote of two-thirds of the members present , or rep esented by proxy, at any meeting of the corporation, pr vided thirty (30) days notice of the nature of any proposed lterations or amendments shall be eiven in the notice of the eeting, and provided further that the amendments or alterat ons are approved by the Board of Directors . 1 .