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263337 WHITE - CITY CLERK 263`��7 PINK - FINANCE�+ COl1IIC11 j BLUERV-MAVORTMENT GITY OF SAINT PAITL File NO. � t � ' , - Coun 'l R so tion Presented By G��� Referred To Committee: Date Out of Committee By Date RESOLVED� by the Council of the City of Saint Paul, that pursuant to the Statutes of tMe State of Minne�ota in such case made and provided, the Council of the City of Saint Paul hereby approves the amended By—Laws of the Teachers Retirement Fund Association, copy of which is attached hereto and marked "Exhibit A" and hereby incorporated herein and made a part and parcel hereof, sueh amended By—Laws of said Association havin.g been duly adopted by the members on January 17, 1974 at the annual meeting of said Assoeiation �iuly called and held thereon as set forth under the duly acknowledged and certified statement, in._ _proper certificate form, by Josephine Downey, as president, and by Lyle T. Farmer, as Secretary of said Association. COU(VCILMEN Requested by Department of: Yeas Nays � �c Butler Konopatzki In Favor �� Meredith _� Against By �c Roedler Mme.Presid ten �t3EYB17C HUYi't Adopted by Council: Date APR 5 �9�� Form Approved by City Attorney Certified by Council Secretarye B� ' `e � �B �� y Y � Approved Ma�qf: Date 7 Approved by Mayor for Submission to Council By BY �uBUSHFn APR � 3 1974� .� ' ' • ��y����a:, � ARTICL�'S OF AMF.IdI�'�lT Or Afi.TICLES OF INCORPORATION OF TEACHER.S' RETIRFT.�iT FiJND ASSOCIATION JOSEPHINE DOWNEY, the President, and LYI.E T. FAF{MER, the Secretary, �f Teachers' Retirement Flmd Ass�ciati�n, a nanpr�fit carp�ra- ti�n du7,y �rganized and existing under and by v3.rtue o£ the laws �f the State of Minnes�ta, having its principal place f�r the transacti�n of business in the City of Saint Paul, State of Minne$ata, d� hereby certify: I. That on the fifth day o£ December, 1973, the B�ard �f Trustees oT this corp�ration did pz-�p�se the amendment of the Articles hereinafter set forth by adopting a resolution setting forth t,he pr�posed amendment and directing that it be submitted for ad�pti�n at the annnal meeting �f the members af the corporation to be held on Thursday, the seventeenth d�y �f January, 197/�, at 4:00 o'cl�ek p.m., at the Saint Paul Technical , Y�cati�nal Institute Audit�ri�n, 235 Marshall Avenue, Saint Paul, Mi.nnesota. II. That �n tk�e thir-ty-first d�y o£ December, 1973, a written notice of the said annual meeting �f the members �f the c�rp�ratian, stating the time, place and purpose thereof was duly nailed to each member �f the corporati�n entitled to v�te on the pr�posed amendment and to each �£ficer and trustee regardless of his v�ting rights. III. That at the annual meeting �£ the members �f the c�rporation duly called and dul,y held �n Thursday, the seventeenth day af January, 1974, � , . . ���t���� at 1�:00 �'clock p.m., at the Saint Paul Technical Vocati�nal Institute Auditorium, 235 Marahall A�renue, Saint PauZ, I�innesota, at which meeting a quar�n �f the members �as present in pers�n flr by pr�X}r, the £�ll�wing resvlution was duly ad�pted by the af£ir�mative vnte of a ma�j�rity a£ the members v�ting: RE.SOLUTION Ah�ENDING CERTIFICATE OF INCORPQRA.TION - OF TEACHERS' RETIRFMENT FUND ASSOCIATION RESOLVED, that the Certi£icate �f Ine�rp�ration �f Teachers' Retirement Fund Associati�n be amended, effective the thirtieth da�y �f June, 1971�, i.n the f�l.].a�ei.ng respect, t,o wit: That Article VI, Section 1, v�hich now reads: "Every person empl�yed as a teacher, as hereinafter de£ined, in the public sch��ls of the City af St. Paul, whose cust�mary emnlayrnent is for no less than one-half �f the normal school dqy and n� less than one-half �f #.he narmal school �nth, shall, by the fact of such employment, be a member of this Association and shall be subject to these Articles. "As used in these Articles, the term 'teacher' means a person regular7,y empl�yed, under a written contract, by the Board �f Independent School District N�. b25, in the instructional, sunervis�ry, or �tner essential pr�£essional staff, xh�se employment is dependent upon the possession �f an appr�priate certificate issued by the Minnesata State Board of Educati�n." be amended s� as ta read: "�rery persvn empl�yed as a teacher, as hereinafter define�, in the publ�,c schoals of the City of St. Paul shall, by the fact �f such employment, be a member of this Association and shall be sub�ject t� these Articles. "As used in these Articles, the term 'teacher' means a person emp2oyed by the Board �f Independent Schoal District N�. 625 in the instructional, a�xqervis�ry, �r other essential pr�fessional sta£f, whrase empl�yment is dependent upon t.he mssession o£ an appmpriate certifi- - cate issued by the Minnes�ta State Board �f Educati�n." I , , ' ' ' ��R�{�f�;/ RESOLVED, that the President and the Secretary a£ this Association be, and they hereby are, authorized and directed to make, execute and aclrn�wledge a certificate embracirig the foreg�ing resoluti�n, and to cause the certi£icate to be filed and rec�rded in the manner pr�vided by law. � � IN 1NITNESS WHEREOF, we, the undersigned, have hereunta subscribed onr names and caused the seal of the carp�ration t,o be hereta af�ixed this �S��ay o£ January, 1974. In Presence Of: ' i� se e Downey, President � u ,�_ -��?/1iv�� � 1 , . Farmer, Secretary (CO \ TE SEAL) STATE OF MINNESOTA: : ss. COUNTY OF RANCSEY : On this .�'�,d�y of January, 1974, before me, personally appeared J�sephine Ibwney and Lyle T. Farmer, �r7�, being by me £irst duly sworu, did depose and s�y that they are the President and Secretary, respectively, �£ Teachers' Retirement Fund .Association, the corporation named in the f�reg�ing instrument; that the seal affixed ta the instrument is the � corp�rate seal of the corporation; that the instrvment was aigned and sealed on behalf of the c�r►pration by its exnress authority; and they aclrn�wledged the instrwnent �a be their free act and deed and the free act and deed of the corporation. `�� �, �.�� �— �-�, l ;i�.t.'-L cL�.-i _�- ��1.�.2_s�" �I��T�ftIAL SEAL) I�Fata;ry Pub13c, Ramsey Caunty, Minnesota N(y C�mmiasion Expires: �`���- i �� i 9 7b' s�iVIAN E. PETERSON Notary P�bl�ic, Eams�y County, Minn. � n�y co�,R�:�s;,,� �,,;.; ,� �,;,E, /s�i97� ���t�t�J • CERTIFICATE OF AMENDMENT OF BYLAWS OF TEACHERS RETIREMENT FUi�TD ASSOCIATION JOSEPHZNE DOWNEY, the President, and LYLE T. FAR1��R, the Secretary, of Teachers' Retirement Fund Association, a nonprofit corporation duly organized and existing under and by virtue of the laws of the State of Minnesota, havin� its registered office in the city of Saint Paul, County of Ramsey, State of Minnesota, do hereby certifq: I. That the Board of Trustees, acting at a regular meeting held pur- suant to due notice, on the fifth day of December, 1973, at the office of the Association at 555 Wabasha Street in the City of Saint Paul, Minnesota, did propose the amendment of the By-Laws hereinafter set forth by adopting a resolution setting forth the proposed amendment and directing that it be submitted for adoption at the annual meeting of the members of the corporation, � to be held on Thursday, the seventeenth day of January, 1974, at 4:00 o'clock p.m., at the St. Paul Technical Vocational Institute Auditorium, 235 r!arshall Avenue, Saint Paul, Minnesota, and that'notice thereof be �iven to each mem- , ber entitled to vote on the proposed amendment, and to each officer and trustee regard2ess of his voting rights, in the manner prescribed by law. II. That a written notification of the annual meeting, stating the time, place and purpose thereof, properly addressed according to the last available corporate records, was mailed by the Secretary of the corporation to each member and trustee of the corporation on the thirty-first day of December, 1973, and that there was enclosed with such notice a copy of the amendment of the Bq-Laws proposed by the trustees as hereinafter set forth. III. . . That the members of t�e corporation, acting at the annual meeting held, pursuant to due notice, as aforesaid, in accordance with the require- ments of the Articles of Incorporation and of the By-Laws, at four o'clock in the afternoon of Thursday, the seventeenth day of January, 1974, at the St. Paul Technical Vocational Institute Auditorium, 235 Marshall Avenue, Saint Paul, Minnesota, a quorum of the members being present in person and by proxy, did approve the proposed amendment by adopting the followin� resolution by the affirmative vote of a ma�ority of the members present in person or by � proxy filed with the Secretary: • • RESOLUTION AMENDIIdG BY-LAWS of TEACHERS' RETIREMENT FUND ASSOCIATION RESOLVED, that the by-laws of Teachers' Retirement Fund Association be amended, effective June 30, 1974, in the following respects, to wit: I. That Article IV, Section 2, Paragraph 1, which now reads: "Paragraph l. Current Dues. For each year of St. Paul service, there shall be withheld by the City and paid into the treasury of the Association, as current dues: (1) on behalf of each active member not on sabbatical leave, an amount equal to seven percent of his annual contract salary; and (2) on behalf of each active member on sabbatical leave, an amount equal to seven percent of his annual contract salary that �ould have been payable had he not been on sabbatical leave." be amended by deleting the word "seven" from each of the two places in which • it appears and by substituting the word "eight" therefor. II. That Article IV, Section 2, Paragraph 2(a) (2) , which now reads: "(2) Not more than 5 years of outside service for members admitted on and after January 1, 1940." be amended so as to read: - "(2) Not more than eight years of outsfde service for members admitted on and after January 1, 1940." III. That Article IV, Section 2, Paragraph 2(d) , which now reads: . "(d) Back dues for all accredited outside service, previous St. Paul service, military service, and governmental service shall be paid as follows: � (1) for outside service ten and onehalf per cent of the salary received; provided, however, that if full payment is made before January 1, 1969, the amount shall be six per cent of • the salary received; � 2 • • (2) for previous St. Paul service performed before Julq 1, 1967, six percent of the salary received, for previous St. Paul service performed after June 30, 1967, seven per cent of his salary received, and (3) for military service and governmental service performed before July l, 1967, six per cent, and for military and governmental service performed after June 30, 1967, and before January 1, 1970, seven per cent, of the salary that would have been received for such service i€ the member had been paid therefor at the rate of the basic salary he received for the ' St. Paul service immediately preceding such service subject to the former limitation of twelve hundred dollars a month; and for military service and governmental service performed after • January 1, 1970, seven percent of the salary that would have been received for such service if the member had been paid there- for at the rate of the annual contract salary he received for the St. Paul service immediately preceding such service. Back dues payable on account of outside service and previous St. Paul service shall be computed on the basis of ttie salary received for the latest years of such service." be amended so as to read: • "(d) Back dues for all accredited outside service, previous Saint Paul service, military service, and governmental service shall be paid as follows: � (1) for outside service: (i) in the case of inembers first employed after June 30, 1974, for each year of such service, one and one-half times the rate at which his dues are computed upon his annual contract salary for the first full year of his Saint Paul service, without interest if payrient is commenced within four years and completed with- in ten years of entry into Saint Paul service; or, if not commenced within said four years, twice the rate at which his dues are computed upon his annual contract salary at the time when payment is made, with interest at the rate then being used in the actuarial calculations for the Association; (ii) in the ca"se of inembers first employed before July 1, 1974, having service that was creditable under the bylaws ia effect prior to June 30, 1974, for each of the first five years of such • service, ten and one-half per cent of the salary 3. � • received for the latest years of such service, without interest, if paid before January 1, 1975, oz prior retirement; and in the case of inembers first employed before July 1, 1974, having service that was not creditable under the bylaws in effect prior to June 30, 1974, for each of the first five years of such service, ten and one-half per cent of the members' annual contract salary for the first full qear of his Saint Paul service, without interest, if paid before January 1, 1975, or prior retirement; provided, however, that in no • case shall dues for more than five years be payable at the .ten and one-half percent rate; • (iii) in the case of inembers first employed before July 1, 1974, having service specified in clause (ii) hereof, for each of the first five years of such service for which dues have not been paid prior to January 1, 1975, and for each additional year of such service, one and one-half times the rate at which his dues are computed upon his annual � contract salary when payment is made, without interest, if paid before June 30, 1978, or prior retirement; but if not paid before said date, twice the rate at which his dues are computed upon • his annual contract salary at the time when payment is made, with interest at the rate then beinQ used in the actuarial calculations for the association; � (2) for previous Saint Paul service performed before July 1, 1967, six percent of the salary of the salary received, and for previous Saint Paul service performed after June 30, 1967, and before July 1, 1974, seven per cent of his salary received, without interest if paid before January 1, 1978, or prior retirement; or, if not paid before said date, twice the rate at which his dues are computed upon his annual contract salary at the time payment is made, with interest at the rate then being used in the actuarial calculations for the Association; and (3) for military service and governmental service performed before July 1, 1967, six per cent, and for military service and govern- mental service performed after June 30, 1967, and before January 1, � 1970, seven per cent, of the salary that would have been received for such service if the member had been paid therefor at the rate of the basic salary he received for the Saint Paul service immediately pre- ceding such service subject to the former limitation of twelve hundred dollars per month; and for military service and governmental service performed after December 31, 1969, and before July 1, 1974, seven pez cent, and for military service and governmental service performed after June 30, 1974, eight percent, of the salary that would have been received • for such service if the member had been paid therefor at the rate of the �F. ° • annual contract salary he received for the Saint Paul service immediately preceding such service. Back dues for military service and governmental service performed before July 1, 1974, may be paid without interest, if paid before January 1, 1978, or prior retirement; or, if not paid by said date, such dues shall be paid at twice the rate at which dues are computed upon annual contract salary at the time when payment is made, with interest at the rate then being used in the actuarial calculations for the Association. Back dues for military service and governmental service performed after June 30, 1974, may be paid without interest if payment is commenced within four years and completed within ten years of return to Saint Paul service; or, if not commenced within said four years, such dues shall be paid at twice Che rate at which dues are com- puted upoa annual contract salary at the time when payment is made, with interest at the rate then bein� used in the actuarial calculations for the Association. Except as hereinbefore otherwise provided, back dues payable on account of outside service and previous Saint Paul service shall be computed upon the basis of the salary reeeived for the latest years of such service." IV. That Article IV, Section 2, Paragraph 3(a) , which now reads: . "(a) service in the armed forces of the United States af America during 47orld War I, World War II, or the Korean con- flict between June 27, 1950, and July 27, 1953;" be amended so as to read: . "(a) service in the armed forces of the United States of America;". V. That Artic3e IV, Section 2, Paragraph 4, which now reads: "Paragraph 4. Return to St. Paul Service. A member who has received a cash refund upon severance from service, and who then returns to teaching in the St. Paul public schools, shall thereupon become a member of the Association, and dues shall be deducted from his salary �nd paid to the Association at a rate determined as though he were then becoming a member for the first time. He shall indicate whether (a) he desires to be treated as a new member, in which case no further sums, except current dues, shall be due from him and no�credit will be given him for years of past. service, or (b) he desires credit toward retirement for the years of past service which were credited to him on the books of the Association at the time of his obtaining cash refund, in which � case he shall repay to the Association, without interest, the sum � � 5. . • of money he had received as refund. The Board may, in its discretion, permit such repayment to be made by him over a period of not to exceed one year from the date of re-entry into the service. If the re-entering member fails to specify his preference as to status within 60 days of his re-entering the service, he shall be deemed to have elected that specified as (a) above." be amended so as to read: "Paragraph 4. Return to Saint Paul Service. A member who has received a cash refund upon severance from service, and who returns to teaching in the Saint Paul public schools after June 30, 1974, shall thereupon become a member of the Association, and dues shall be deducted from his salary and paid to the Association at a rate determined as though he were then becoming a member for the first tine. If the member desires credit for the years of service that were credited to him on the books of the Association at the time of the payment of the cash refund, he shall file a written claim with the Secretary, on a form provided by the Association, and shall repay to the Association an amount equal to the refund he received, without interest, if payment is commenced within four years and completed within ten years of return to Saint Paul service; or, if noC commenced within said four years, with interest at the rate then being used in the actuarial calculations for the Association. Anythin� in this paragraph to the contrary • notwithstanding, a member who had received a cash refund upon severance from service and who had returned to teachin� in the Saint Paul public schools prior to July 1, 1974, without claiming credit for his prior service and repaying the amount of his cash refund may nevertheless claim such credit and repay such amount prior to January 1, 1975." VI. That Article IV, Section 2, Paragraph 5, which now reads: "Paragraph 5. Computation of Length of Service. In computing the length of outside service, normal school years of eight to twelve months shall be counted as one year. In computing the number of years of a member's St. Paul service, ten to twelve months in a school year shall be counted as one year; periods of Iess than ten months shall be counted as a fraction of one year, the numerator of which is 'the number of months of service and the denominator of which is ten. When the ag�regate length of service has been determined, periods of less than one-half of a year shall be disregarded and periods of one half of a year or more shall be counted as one year; provided, however, that the rule stated in the first part of this sentence shall not be applied in the case of a member whose aggregate length of service is less than the minimum number of years required for a length of service pension, � for a limited service pension, for a deferred pension, or for a � 6. • • disabflity pension. Years of service accredited for pensions granted upon the basis of service completed before Januarq 1, 1970, shall not be recomputed in the manner provided in this paragraph. Teaching service on a half-time basis shall be accredited for one-half of the period of time taught on that basis." be amended so as to read: "Paragraph 5. Computation of Length of Service. In computing the length of outside service, normal school years of eight to twelve �onths shall be counted as one year. In computing the length of Saint Paul service completed prior to July 1, 1974, ten to twelve months in a school year shall be counted as one year, and periods of less than ten months shall be counted as that fraction of one year, the numerator of which is the number of months of service and the denominator of which is ten. In computing the length of Saint Paul service after June 30, 1974, that number of "duty days" in a school year agreed upon by the Board of Independent School District vumber 625 and the teachers shall be counted as one year, and periods of less than the agreed number of "duty days" shall be counted as that fraction of one year, the numerator of which is the number of "duty days" of service and the denominator of which is the agreed number of "duty days." For the purpose of the foregoing computation, a "duty day" shall consist • of five class hours. Teachin� service on a part-time basis shall be accredited on a proportional basis. When the aggregate length of service has been determined, periods of less than one-half of a year shall be disregarded and periods of one-half of a year or more shall be counted as one year; provided, however, that the rule stated in the first part a€ this sentence shall not be applied in the case of a member whose aggregate length of service is less than the minimum number of years required for a length of service pension, for a limited service pension, or for a deferred pension. Years of service accredited for pensions granted upon the basis of service completed before July 1, 1974, shall not be recomputed in the manner provided in this paragraph." VII. That Article IV, Section 3, Paragraph 1(b) , which now reads: "(b) Limited service pension, payable to members who are compelled by law to retire upon the attainment of a specified age after completing at least ten years of accredited St. Paul service and accredited previous St. Paul service but less than twenty-five years of accredited service. Not more than five years of outside service may be accredited toward a limited service • pension." ° 7. � • be amended so as to read: "(b) Limited service pension, payable to members who are compelled by law to retire upon the attainment of a specified age after completing at least ten years of accredited service but less than twenty-five years of accredited service. VIII. That Article IV, Section 3, Paragraph 1(c} , which now reads: "(c) Disability pension, payable to members who have become totally and permanently disabled to perform teaching service after completing at least five years of accredited St. Paul service. Not more than five years of outside service may be accredited toward a disability pension." be amended so as to read: � "(c) Disability benefit, payable to members who have become totally and permanently disabled to perforrn teachin� service before attaining the ape af sixty-five years and after completing at least five years of accredited Saint Paul service." � IX. • That Article IV, Section 3, Paragraph 1(d) , which now reads: "(d) Deferred pension, payable to members whose employ- ment is terminated, voluntarily or involuntarily, for a reason other than retirement, disability, or death, after completion of ten years of accredited Saint Paul service and accredited previous Saint Paul service." be amended so as to read: "(d) Deferred pension, payable to members whose employ- ment is terminated, voluntarily or involuntarily, for a reason other than retirement, disabilitq, or death, after completion of ten years of accredited service." � X. That Article IV, Section 3, Paragraph 1(e) , which now reads: • "(e) Dependent childrea's benefit, payable on account of dependent children of inembers who have died without becoming eligible for any pension after the satisfactory completion of three years of accredited St. Paul service." � be amended so as to read: � ' 8. • � �s�����3� � "(e) Family benefit, payable in appropriate cases to the surviving families of deceased active members after the satis- factory completion of three years of accredited St. Paul service." %I. That Article IV, Section 3, Paragraph 2(c) , which now reads: "(c) Applications for disability pensions shall be made after the City has accepted such disability as cause for withdrawal or dismissal from service, and at least 30 days prior • to the date of retirement. Such applications may be made by the beneficiaries or guardians in the event of incapacity of the member. Such applications shall be accompanied by the affidavits • of two physicians satisfactory to the Board, stating the nature of the disability, the fact of the incapacity, and the grounds and reasons therefor. The applicant shall at his own expense submit to examination by one or more physicians designated by the Board if the Board deems such examination advisable, and shall give to the Board such pertinent information as it may require. The Association shall not be liable for the cost of such examination. The Board may, and in doubtful cases shall, make such further investigation as it may deem necessary to determine the fact of total and permanent disability. The Board shall be the final 3udge of such total and permanent � disability, and shall not be responsible for payment of pension until it has satisfied itself of the eligibility of the member. , Disability pension, when application:has been so filed and approved by the Board, shall coaanence with the first full calendar month of retirement. �,ihen application is not filed 30 days or more prior to the date of retirement, disability pension shall commence with the first full month after the expiration of 30 days from the date of filing of application. In no event shall such pension be paid for any period for which salary as a teacher was received. It shall be the duty of the Secretary to present such applications, together with all per- tinent information and records, to the Board in sufficient time so that pensions may begin for the first full calendar month following retirement. In the case of failure on the part of the member to make application within the time herein specified, the pension may begin as of the first full calendar month beginning not less than 30 days after receipt of the application; provided, however, that if the applicant shows that he was unable to make application within the time specified by reason of the disability which caused his retirement, the Board may at its discretion begin the pension as of the first full month following retirement." be amended so as to read: � "(c) Applications for disability benefits shall be ' 9. • � made after the City has accepted such disability as cause for withdrawal or dismissal from service. In the event of the incapacity of a member, the application may be made for him by his legal guardian, next of kin, or beneficiary. Each such application shall be supported by the certificates of two medical doctors, satisfactory to the Board, expressing the professional opinion that the member is totally and permanently disabled. For the purpose of these By-Laws, total and permanent disability means the inability to engage in any occupation or employment for remuneration or profit for which the member is reasonablv qualified by reason of his education, experience and trainin�, on account of a medically determinable physical or mental impairment which is expected to result in death or to be of long continued and indefinite duration, and which has continued for at least six consecutive months. The Board may, and in doubtful cases shall, make such investig,ation as it may consider necessary to determine the existence of total and permanent disability. The Board may require the applicant, at his own expense, to submit to examination by one or more medical doctors designated by the Board, and to provide such pertinent infor- mation as it may require. The decision of the Board with respect to the existence of total and permanent disability shall be conclusive, and the Board shall not approve an application for ' . disability benefits until it has satisfied itself of the eligibility of the applicant. � Payment of the disability benefit shall begin with the first full calendar month after the approval of the application, but in no event shall the benefit be �aid for any period for which the member was paid a salary as a teacher or whiZe using accumulated sick leave. Payment of the disability benefit shall end with the month in which the disability terminates, whether by reason of the recoverq or the death of the member, or otherwise. Not more than once a year after the approval of an application for disability benefits, the Board may require the disabled member to submit to an examination bv a medical doctor selected by the Board in order to determine the continued existence of the disability." XII. " That Article IV, Section 3, Paragraph 2(d) , which now reads: "(d) Applications for dependent children's benefit may be filed at aay time after the death of the raember, and shall be supported by certified copies of the death certificate of the member and of the birth certificate of each dependent child, an affidavit of a person familiar with the facts affirming . that each child for whom application is made was in fact dependent 10. . � for his support upon the deceased member, and such other evidence _ as the Board may require." be amended so as to read: "(d) Applications for family benefit may be filed at any time after the death of the member, and shall be supported by certified copies of the death certificate of the member, the birth certificate of each child, the marriage certificate of the spouse, and such other evidence as the Board may require." XIII. That Article IV, Section 3, Paragraph 3, which now reads: "Paragraph 3. Length of Service and Limited Service Pensions. The annual amount of the pension payable to a member who retires upon or after attaining the age of sixty years shall equal the sum of the applicable percentages of his average salary, as hereinafter defined, for each of the years of his accredited service shown in the following schedule: Years of Applicable Accredited Service Percentage � (a) first ten years 1.5% per year (b) second ten years 1.7% per year (c) third ten years 1.9Z per year (d) fourth ten years 2.1% per year (e) additional years none The annual amount of the pension payable to a member who retires before attaining the age of sixty years shall be that amount computed in accordance with the next preceding sentence, reduced, however, by one-half of one percent for each month or major fraction ttiereof intervening between the date upon which the payment of the pension begins and the sixtieth anniversary of the date of his birth." be amended so as to read: 6 "Paragraph 3. Length of Service and Limited Service Pensions. The annual amount of the pension payable to a member who retires upon or after attaining the age of sixty years shall equal the product obtained by multiplying an amount eaual to one and eight-tenths percent of his average salary, as herein- after defined, by the number of years of his accredited service, sub3ect to a maximum of forty years. The annual amount of the pension payable to a member who retires before attaining the age of sixty years shall equal that amount computed in accordance • with the next preceding sentence, reduced, however, by one-half � 11. • • of one percent for each month or ma3or fraction thereof inter- vening between the date upon which the payment of the pension begins and the sistieth anniversary of the date of his birth." XIV. That Article IV, Section 3, Paragraph 5, which now reads: "Paragraph 5. Disability Pensions. The amount of the pension payable to a member whose toCal and permanent disability occurs after December 31, 1954, shall be computed as follows: (a) if the member has not attained the age of sixty years, the amount shall equal eighty percent of the amount of the length of service pension to which his service accredited for disability pension would entitle him, �vere he then retiring at the age of sixty years; and (b) if the member has attained the age of sixty years, the amount shall equal one hundred percent of the amount of the length of service pension to which his service accredited for disability pension would entitle him, were he then retiring at the age of sixty years; subject in either case to a minimum of forty dollars a month. If such a member, having twenty years, or more, of service accredited for � disability pension and having become entitled to a disability pension before attaining the age of sixty years, attains that age while receiving a disability pension, the amount of his pension shall then be increased to equal the fuZl amount of the length of service pension to which his service accredited for disability pension would entitle him, were he then retiring at the age of sixty years." be amended so as to read: "Paragraph S. Disability Benefits. The amount of the disability benefit payable to a member whose total and permanent disability occurs after June 30, 1974, shall equal seventy-five per cent of his annual contract salary for his last full year of service, less the amount of any social securitq and workmen's compensation benefits he may be receiving. If. a member attains the age of sixty-five years while receiving disability benefits, then the amount of his di�ability benefit shall be recomputed so as to equal the amount of the length of service pension to which he would then be entitled if he were then retiring from Saint Paul service, computed upon the basis of the amount of th� average salary and the number of years of accredited service he would have had if he had continued to teach in his latest position during the period of his disability." � 12. . � XV. That Article IV, Section 3, Paragraph 6, which now reads: "Paragraph 6. Dependent Children's Benefit. The amount of the monthly benefit payable on account of each dependent child of a deceased active member shall be one hunrlred dollars subject to a maximum of three hundred dollars for any one family. Payment of the benefit shall begin on the first day of the month following the month in which the application is approved and shall terminate with the payment made on the first day of the month in which the child ceases to be a 'dependent child' as hereinafter defined. Payment shall be made to the legal guardian of the estate of the child or, if there be none, to the surviving parent or other person having legal custody of the child or, if the child be a full- time student over the age of twenty-one years, to the child. It shall be the duty of the guardian, parent, full-time student or other person to whom such payment is being made promptly to notify the Association when the chiid ceases to be eligible for the benefit. The term "dependent child" means a natural or adopted child of a deceased member who fulfills the following requirements: (a) He must either (i) have been actually dependent for more than one-half of his support upon the member at � the time of the member`s death and for not less than ninety days i�mnediately prior thereto, or (ii) have been conceived during the member's lifetime and born after the member's death; (b) He must be unmarried; and (c) He must be (i) under the age of eighteen years; or (ii) mentally or physically incapacitated; or (iii) a full- time student under the age of twenty-two years. A "full-time student" is a person enrolled in full time attendance as a student at an educational institution, including any school, at any educational level, that has a regular faculty and curriculum and a body of students in attendance." be amended so as to read: "Paragraph 6. Family Benefit. The survivin� members of the family of a deceased active member shall be eligible for the family benefit computed upon the following basis: (a) For each "eligible child", as hereinafter defined, sub�ect to a maximum of two eligible children at any one time, twenty-five percent of the maximum salary (excluding career increment) payable to a teacher holding a B.A. degree for the year in which the member died; and , � 13. • • (b) For the spouse, having legal custody of, and main- taining a home for the eligible child or children, fifteen percent of said maximum salary. Payment of the benefit shall begin on the first day of the month following the month in which the application is approved; payment of the benefit on account of a child shall terminate with the payment made on the first day of the month in which the child ceases to be an 'eligible child' as hereinafter defined and payment of the benefit on account of the spouse shall terminate with the payment made on the first day of the month in which the spouse � dies, remarries, or elects to take the survivor's benefit in lieu thereof, as hereinafter provided. Payment of the benefit shall be . made to the spouse if the spouse has legal custody of the child or children, otherwise to the person having such legal custody, except that if the child be a fulltime student over the age of ei�hteen years, payment shall be made directly to the child. It shall be the duty of every person receiving payment of the family benefit to notifq the Association when any child or spouse ceases to be eligible. In the event that a spouse who, to�ether with a child or children, is eligible for the family benefit is also eligible for the survivor's benefit, the spouse may elect, at any time, � to take the survivor's benefit instead of the spouse's portion of the family benefit, and that election shall not disqualify the child or children to receive the family benefit, provided, however, that the total benefits payable on account of a member ' shall not exceed ninety percent of his finaZ salary. The term 'eligible child' means a natural or let;ally adopted child of a deceased member who fulfills the following requirements: (a) He must be unmarried; and (b) He must be (i) under the age of eighteen years; or (ii) mentally or physically incapacitated; or (iii) a full-time student under the age of twenty-two years. A 'full-time student' is a person enrolled in full time attendance as a student at an educational institution, including any schooli at any educational level, that has a regular facultq and curriculum and a body of students in attendance." The fact that the new husband or wife of a spouse who has remarried has legally adopted a person who qualified as an eligible child shall not in itself disQualify that person as an eligible child." � . 14. • xvz. That Article IV, Section 3, Paragraph 7, which now reads: "Paragraph 7. Cash Refund of Dues. Commencing on July 1, 1967, cash refunds of dues shall be determined as follows: (a) To a member ineligible for a pension, an amount equal to the total amount of the dues paid by him since January 1, 1940, without interest; (b) To the beneficiary of a deceased active member who was not survived by a dependent child entitled to anq benefit under Paragraoh 6 of this Section, or by a survivor entitled to any benefit under Paragraph 10 of this Section, an amount equal to the total amount of the dues paid by the member since January 1, 1940, without interest; (c) To the beneficiary of a deceased active member who was survived by a dependent child entitled to benefits under Paragraph 6 of this Section and who was not survived by a survivor entitled to any benefit under Para�raph 10 of this Section, any amount by which the total amount of the dues paid by the member since January 1, 1940, without interest, exceeds the total amount of any benefits payable on account � of dependent children of the member; (d} To the beneficiary of a deceased retired member who was not survived by a survivor entitled to any benefit under Paragraph 10 of this Section, any amount by which the total amount of the dues paid by the member since January 1, 1940, without interest, exceeds the total amount of the pension paid to the member; and (e) To the estate of a deceased member who was not survived by a survivor entitled to any benefits under Para- graph 10 of this Section and whose beneficiary has not survived the member, the amount that would have been payable to the beneficiary if he had survived the member." be amended so as to read: • "Paragraph 7. Cash Refund of Dues. Commencing on July 1, 1967, cash refunds of dues shall be determined as follows: (a) To a member ineligible for a pension, an amount equal to the total amount of the dues paid by him since January 1, 1940; (b) To the beneficiarq of a deceased active member who , � was not survived by an eligible child or spouse entitled to 15. • . any benefit under Paragraph 6 of this Section, or by a survivor entitled to any benefit under Paragraph 10 of this Section, an amount equal to the total amount of the dues paid by the member since January 1, 1940, without interest; (c) To the beneficiary of a deceased active member who was survived by an eligible child or spouse entitled to benefits under Paragraph 6 of this Section and who was not survived by a survivor entitled to any benefit under Paragraph 10 of this Section, any amount by which the total amount of the dues paid by the member since January 1, 1940, without interest, ' exceeds the total amount of any benefits payable on account of dependent children or spouse of the member; • (d) To the beneficiary of a deceased retired member who was not survived by a survivor entitled to any benefit under Paragraph 10 of this Section, any amount by which the total amount of the dues paid by the member since January 1, 1940, without interest, exceeds the total amount of the pension paid to the member; and (e) � To the estate of a deceased member who was not survived by a survivor entitled to any- benefits under Para- graph 10 of this Section and whose beneficiary has not survived the member, the amount that would have been payable � to the beneficiary if he had survived the member. "In the case of a member'who leaves Saint Paul service , after June 30, 1974, and who, at the time of leaving has success- fully coinpleted the period of probationary employment under the applicable teacher tenure law, there shall be added to the amount otherwise payable under the preceding part of this Paragraph interest thereon computed at the rate then being used in the actuarial calculations for the Association in a manner to be deter- mined by the Board." XVII. That Article IV, Section 3, Paragraph 9, which now reads: "Paragraph 9. Increase of Pensions of Retired Teachers. Every member who retired before January 1, 1955, and who is entitled under the provisions of the By-Laws in effect l)ecember 1, 1954, to a full service pension, to a limited service pension, or to a disability pension, sha21 be entitled: (i) effective January 1, 1955, to an increase of twenty percent in the amount of his monthly pension or an �increase of twenty dollars in the � amount o£ such pension, whichever is greater; and (ii) effective January 1, 1958, to a further increase of fifteen dollars in the amount of his monthly pension. , • 16. ° � In addition the foregoing increases, every such member, excepting any who retired upon a full service pension before attaining the age of fifty-five years, shall be entitled, effective January 1, 1462, to a further increase of fifteen dollars in the amouat of his monthly pension. In addition to the foregoing increases, every member who retired before January 1, 1955, and who is entitled under the provisions of the bylaws in e€fect December 1, 1954, to a full service pension, to a limited service pension, or to a disability pension, shall be entitled, effective January 1, 1966, to a further increase of fifteen dollars in the amount of his monthly pension. In addition to the foregoing increases, every member who retired before January 1, 1970, and who is entitled under the pro- visions of the by-laws in effect on December 1, 1969, to a full service pension, to a limited service pension, or to a disability pension, shall be entitled, effective January 1, 1970, if he has then attained the ap,e of seventy years, (or, if he has not then attained the age of seventy years, upon that first day of the month coincident with or next following the date upon which he does attain the aQe of seventy years) to a further increase in the � � amount of his monthly pension in an amount computed according to the following formula: $.0375 x y, in which x equals the number • of years of his accredited service (subject to a maximum of forty years) and y equals the number of years for which he has been receiving his pension (adjusted to the nearest full number of years and subject to a maximum of twenty years) . In addition to the fore�oing increases, every member who retired before January 1, 1970 and who is entitled under the provisions of the By-Laws in effect on December 1, 1969, to a full service pension, to a limited service pension, or to a disability pension, shall be entitled, effective July 1, 1973, if he has then attained the age of seventy years, (or, if he has not then attained the age of seventy years, upon that first day of the month coincident with or next following the date upon which he does attain the age of seventy years) to a further increase in the amount of his monthly pension in an amount computed according to the following formula: $.06 x y, in which x equals the number of years of his credited service (sub�ect Co a maximwn of forty years) and y equals the number of years for which he has been receiving his pension (ad�usted to the nearest full number of years and sub�ect to a maximum of twenty years) . Persons receiving Benefits under the former By-Laws providing for reversionary pensions and persons receiving sur- vivors benefits shall also be entitled to increases computed in accordance with the formulas expressed in the two next preceding � paragraphs of this Para�raph 9." � 17• i � be amended by adding thereto the following paragraph: "Persons receiving the dependent children's benefit under the former By-Laws shall be entitled, as of July 1, 1974, to an increase to the amount, and sub3ect to the maximum, pro- vided in the paragraph entitled 'Family Benefit' , computed upon the basis of the applicable salary schedule in effect on June 34, 1974." XVIII. That the first paragraph of Article IV, Section 3, Paragraph 10, which now reads: "Paragraph 10. Survivor`s Benefits. If a member who has attained the age of fifty years and who has completed twenty years of accredited service dies while in service, his survivor (hereinafter defined) shall be entitled to receive an annuity for life or until remarriage or marriage, as the case may be, in an amount ec�ual to one-half the reduced amount of the retirement annuity earned by the member to the date of his death after conversion to a �oint-and-last survivorship basis under which one-half of the reduced amount is payable to the survivor." • be amended so as to read: "Paragraph 10. Survivor's Benefits. If a member who has completed ten years of accredited Saint Paul service dies while in service, his survivor (as hereinafter defined) shall be entitled to receive an annuity for life or until remarriage or marriage, as the case may be, in an amount equal to the reduced amount of the retirement annuity earned by the member to the date of his death after conversion to a joint-and-last survivorship basis under which the reduced amount is payable to the survivor." XIX. That Article IV, Section 3, Paragraph 10, be amended further by adding thereto the following sentence: "In the event that the member is survived by a spouse who, together with an eligible child or children, is eligible for the family benefit, no benefit shall be payable under this paragraph unless the spouse elects to receive the survivor's benefit instead of the spouse's portion of the family benefit." A �• That Article IV, Section 4, be amended by adding thereto the following new Paragraph 3: � � 18. . � "Paragraph 3. Disability Benefit. (a) If a member receiving disability benefits resumes teaching in the City of Sa�nt Paul or elsewhere, the payment of the benefit shall be terminated. In any such case in which teaching is resumed out- side the City of Saint Paul, the member shall be entitled to the payment of that amount (if any) by which (i) the amount of cash refund of dues to which he would have been entitled under Section 3, Paragraph 7, exceeds (ii) the aggregate amount of the disability benefits paid to him. In any such case in which teaching is re- sumed in the public schools of Saint Paul, the member shall be restored to his former status as an active member, iaith credit . for the period of his disability, but no obligation to pay back dues therefor." . XXI. That the third sentence of Article V, Section 1, which now. reads: "The term 'stated per cent' means nine per cent for the calendar years 1967 and 1968, ten per cent for the calendar years 1969 and 1970, eleven per cent for the calendar years 1971 and 1972; and twelve per cent for the calendar years 1973 and thereafter." be amended so as to read: . "The term 'stated percent' means nine percent for . the calendar years 1967 and 1968, •ten percent for the calen�ar , years 1969 and 1970, eleven percent for the calendar years 1971 and 1972, twelve percent for the calendar years 1973 and 1974, and thirteen and one-half percent for the calendar years 1975 and thereafter." XXII. That the definition of the term "average salary" contained in Article IX, Section 1, Paragraph 2, which now reads: "AVERAGE SALARY--t1n amount equal to one-fifth of the sum of the annual contract salary for the five years producing the highest average out of the latest ten years of St. Paul service for which a salary deduction for dues was maile prior to the termination of active service; provided, however, that for the purpose of the computation required hereby, a member on sabbatical leave shall be deemed to have been paid during such leave the full amaunt of his annual contract salary in effect during the sabbatical leave." be amended by changing the final period to a semicolon and by adding the � following clause: � 19. • 26�3���3'� • "and provided, further, that in the case of a member who has been employed unoa a part-time basis during � any of the said ten years, the average shall be computed upon the basis of the amount earned in the time required to complete.a full year of service." XXIII. That the definition of the term "benefits", including the definitions of the particular kinds of benefits, contained in Article IX, Section 1, Paragraph 2, which now reads: � "BENEFITS—Length of service pensions, limited service pensions, disability pensions, deferred pensions, dependent ehildren's � benefits, survivor's benefits, and cash refunds in amounts determined by the By-Laws. --CASH REFiND--Refundment by the Association of dues, in a single payment in lieu of pension to a member withdrawinp from ac�ive service before attainment . of pension rights or, in certain cases, to the beneficiary, contingent beneficiary, or estate of a deceased member. � --DEPENDENT CHILDREN'S BENEFITS--A monthly payment to the • surviving parent or to the legal guardian of the dependent child of a deceased active member. ' --DISABILITY PENSION--A lifetime monthly payment by the Association to a member becoming totally and perma- nently disabled to teach before attainment of other pension rights. --LENGTH OF SERVICE PENSION--A lifetime monthly payment by the Association to a member who retired after attain- ing the age of fifty-five years and after completing at least twenty-five years of accredited service. --LIMITED SERVICE PENSION--A lifetima monthly payment by the Association to a member who is compelled by law to retire upon the attainment of a specified age without attaining other pension rights. --DEFERRED PENSION--A lifetime monthly payment b_y the Association to a member whose employment is terminated, voluntarily or involuntarily, for a reason other than retirement, disability, or death, after completion of ten years of accredited St. Paul service and accredited previous St. Paul service, beginning upon attainment of the age of sixty-five years. . • 20. • . • --REVERSIONARY PENSION--An elective substitute for length of service pension, or for a limited service pension con- sisting of a lifetime monthly payment in a reduced amount by the Association to a member followed by a lifetime monthly payment to the surviving beneficiary of the member. --SURVIVOR`S BENEFITS--A monthly payment by the Association to the surviving spouse or certain other dependents of a . deceased member in appropriate cases." be amended so as to read: � "BENEFITS--Length of service pensions, limited service pensions, deferred pensions, reversionary pensions, disability benefits, family benefits, survivor's benefits, and cash refunds in amounts determined by the By-Laws. --CASH REFUND--Refundment by the Association of dues, in a single payment in Iieu of other benefits, to a member withdrawing from active service be- fore attaining the right to other benefits, or, in certain cases to the beneficiary or other rep- resentative of a deceased member. • --DEFERRED PENSIONS--A lifetime monthly payment by the Association to a member whose employment is ter- minated, voluntarily or involuntarily, for a reason other than retirement, disability, or death, after completion of ten years of accredited service, be- ginning upon the attainment of the age of sixty- five years. --DISABILITY BEPIEFIT--A monthly payment by the Association to a member who has incurred a total and permanent disability prior to retirement or other separation from service. --FAMILY BE�IEFIT--A monthly paqment by the Elssociation to the eligible child or children, and in certain cases to the surviving spouse, of a deceased active member. . --LENGTH OF SERVICE PENSION--A lifetime monthly payment by the Association to a member who has retired after attaining the a�e of fifty-five years and completing twenty-five years of accredited service. --LIMITED SERVICE PENSION--A lifetime monthly payment by the Association to a member who has been compelled by law to retire upon the attainment of a stated . . � age without attaining other pension rights. 21. • • --REVERSIONARY PE2ISION--An elective substitute for a length of service pension or a limited service pension con- sisting of a lifetime monthly payment in a reduced amount by the Association to a member followed by a lifetime monthly payment to the surviving benefi- ciary of the member. --SURVIVOR'S BENEFIT--A monthly payment by the Association to the surviving spouse or certain other dependents of a deceased member in appropriate cases." XXIV. That the definition of the term "outside service" contained in Article IX, Section 1, Paragraph 2, which now reads: "OUTSIDE SERVICE--Service as a certificated teacher, prior to or in an interim between periods of St. Paul service, in public schools elsewhere than in St. Paul within the limits of the United States and its territories, dependencies, and possessions, or in vocational classes conducted by the City on behalf of the United States government during tti*orld War II, ' or in the Ramsey County Home School for Girls, or in schools maintained in any zone occupied by the • armed forces of the Lnited States for children of the United States military or civilian personnel stationed in or near such zone, or as an exchange teacher in a foreign country for which no compensation is paid by the City of St. Paul." be amended so as to read: "OUTSIDE SERVICE--Any service which Independent School District i�o. 625 recognizes in placing teachers on the salary schedule, prior to or in an interim between periods of Saint Paul service, or service as a certificated teacher in vocational classes conducted by the City on behalf of the United States government during jdorld War II, or in the Ramsey County Home School for Girls, or in schools main- tained in any zone occupied by the armed forces of the United Stat�s for children of the United States military or civilian personnel stationed in or near such zone, or as an ex�hange teacher in a forei�n country for which no compensation is paid by the City of Saint Paul." XXV. • That the definition of the term "teacher" contained in Article IX, Section � � 22. . . . v.i....-::� 4 • 1, Paragraph 2, which now reads: "TEACHER--A person regularly employed, under a written contract, by the Board of Education of the City of St. Paul, in the instructional, supervisor�, or other essential professional staff, whose employment is dependent upon the possession of an appropriate certificate issued by the 2�innesota State Board of Education." be amended so as to read: "TEACHER--A person employed by the Board of Independent School District �umber 625, in the instructional, supervisory, or other essential professional staff, ' whose employment is dependent upon the possession of an appropriate certificate issued by the Minnesota State Board of Education." IN WITNESS WfIEREOF, the said Josephine bowney and Lyle T. Farmer have hereunto subscribed their names and caused the seal of the corporation � � to be hereto affixed this �S day of January, 1974. • In Presence of: . � � ; J phine Downey, Preside , � ., . . L T. Farmer, Secretary (Corporate seal) P � • • 23. ' • STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) �-- On this � s day of January, 1974, before me personally appeared JOSEPHI.iE DOWNEY and LYLE T. FARMER, who, being first duly sworn, did depose and say that they are the President and Secretary, respectively, of Teachers' Retirement Fund Association, the corporation named in the foregoing instru- ment; that the seal affixed to the instrument is the corporate seal of the corporation, that the instrwnent was signed and sealed on behalf of the corporation by its express suthority; and they acknowledged the instrument to be their free act and deed and the free act and deed of the corporation. ��-���_" � .��-���2.�z-z�, • Notary Public, Ramsey County, M�iinesota My commission expires. ���_ � g� /`J 7� (Notarial Seal) vivia,rv E. PETERSON /�" Notary Public, Ramsey County, ��I��in. h1y Commission Expires lune I g�7�7� ` • . 24. •