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246991 : ' � 24f 99l ORIGINA4 TO CITY CLERK CITY OF ST. dAUL �OENCIL NO. • OFFICE OF THE CITY CLERK COU ES LU�TION EN RAL FORM PRESENTED BY q-7//` �� � - COMMISSIONE DATF RESOLVED, That pur�uant to the Statutes of the Stai�e of Minnesota a.n such case made and provided, the Council of' jche City of Saint Paul hereby approves �he several amendments to the By-Laws of Teachers ' Retirement Fund Association, a copy of' such amendments being hereto attached, marked "Exhibit A" and hereby incorporated herein and made part and parc�l hereof, said amendments �o sa.id By-Laws of said Association having been duly adopted by the members of said Association on Nov�m- ber 19, 1.g6g, at the special meetin� of the members of said Association duly called and held thereon, as set forth, ac- knowledged and certified to said Council under the duly ac- knowled�ed and e�rtified sta'cement, in proper certificate form, by Manilla P. Topdahl, a.s President, and by Lyle T. Farmer, as Secretary af said T�achers ' Retirement Fund Association, here- to attached, marked "Exhibit B", hereby incorporated herein as part and parcel hereof and filed herewith; and be it FURTHER RESOLVED, That Resolu�ion of the Council, Council Fi1e �To. 2�+6�+26, adopted by the Council on I�ovember 26, 196g, is hereby rescindcd. F�S� A PROVE � Asst. Corporation Counsel ,1 AN 13 1910 COUNCILMEN Adopted by the Counci� 19— Yeas Nays Carlson ,lAN � � �''� Dalglish � Approved 19— � Meredith J Tn Favor � � �' j Sprafk2 /� ' ��t�� ayor �Against "�R� ��_':...::_ � � y� P�e.id.at i�eterw�►) PUBLISNED JAN 171970 �� .., . , . � ��s . . ��� : CERTIFIC�TE OF AMEND.�iENT OF BY-I�i'1S ���� �" ���� • OF TF.�.CHERS' REi I�ET�NT Fu:VD ASSOCII�I I0N MANILLA P. TOPDA�€L, the President, and LYLE T. F�RNwR, �he Secretary, of Teachers' Retirerr�nt Fund Association, a nonprofit corporation duly or�anized and existing vnder and by' vir�cue of f,��e lavTs of the State of Minnesota, having its registered office in the City of Saint Paul, County of Ramsey, State o£ Minnesota, do hereby certify: I. � IA�_ _i -�.�" ' �' _"...� _ n T'="_1'__' _ _J_!.__ �Jl � "'_...'1 __. ..-�.�J.: .�� L_'1] lllitiu v11G UVai'u VL 11�U5°�i�=u� ��.vil� uv u 1�l%�i..+Jl �a:�+��i�� a..�.iu pursuant to due notice, at three o'elock in �'r.� after:zoon of �;r:° :��nth day of Sep�tember, 1969, at tne office of �4r.� As�o��.wi,io� r�t 557 .1ab�s�a Street in the City of Saint Paul, Minneso-ta, did propcse the ame�d;�r.t o� the By-La�s hereinafter set forth by adop•�ing a resolution se��i�; for�c:� tr�e proposed smer.dm�nt and directing tha�t it be sub�i��ed for adop�ior �:-„ � special �zetin,g of the ra�mbers of �the corporation ta be 'r�eld on l'ied�esc�,;, � the nineteenth day of Novemher, 1969, a� i�o�r o'clock p.m. at t:,e iech:^.��cc:.; Vocational Insti�u�e Auditori�;.m, 235 Marsnall Avenue, Saint P�.u�, f���in.nasc��.:, and that notice thereof be given to each me�zb�r entitled to vote o:� th� proposed amendment, and to each officer and trustee r�gardless oi his �r��i::� rights, in the manner prescribed by Zaw. zx. That a written notification of the said annual r.�eeti.r�g, s�a�ting the tim�e, place, and purpose thereof, properly addressed accordi� �o �:�:� last avail�ble corgorate records, was mailed by 'c'r.e Secretary of the corpora�xon to eaeh mem�er and �rustee of �the corpora�ion on the z.h.ir�-_��i� day of October, 1969, and that tr.ere was enclo�ed with each such notice a copy.of the amendment of the By-Laws propcsed by the trustees and her�i�:- after set forth. �1�. That the m�nbers of the corporation, ac�inb at the special �eting he1d, pc,�rsuant to due notice, as aforesaid, in accorci��ce with '�he require�nts of the Articles of In�or�ora'cion a.nd of �he By-Iarrs, at four o'elock in the af'�ernoon of Ylednesaa,y, the ninet��nth day o£ Noveraber, 19b9, at the Technical Vocational Insti�ute k�:di�oriura, � 235 r.4arshall Avenue, Sain� Paul, Minnesota, a quorun of the m�mbers beinb present in person and by proXy, did �pprove �'c,e proposed ar;�r.�- rr,ent by adoptir� the follo�ving resolution by the affirmative voie of a majority of the �mbers present in persoa or by pro� filed wi�th the Secretary, ' RESOL[JTION AA�NDTNG BY-LA�;'S OF TEACHERS' RETIFt�:Ir�NT FUND ASSOCTATION RESOLVED, that the by-laws of Teachers� Retirement F1�zid Association 'be amended, effective January 1, 1970, ixi the following resp�cts, to wit: I. . • That Ar-tzcle IV, Section 2, Paragraph l, which now reads: "Paragraph 1, Current Dues, For e�ch of the ten months constituting �he normaZ school year, there shall be wi'ch7:eld 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 per cent of �hat par-t of his mon'thly salary for teaching service not exceedi.ng twelve hundred dollars; and (2) on behalf of each active memi�er on sabbatical leave an amount equal to seven per cent of that part of his monthly salary for teaching service in effec't immediately preceding the sabbatical leave not exceeding taelve hundred dollars.�� be amended so as to read: "Para;raph 1. Current Dues. For each year of St. Paul service, there sha11 be v�ithheld by �he City and paid into the treasury of the Association, as current dues: (1) on behalf of each active member not on sabbatical Ieave, an amount equal to seven per cent of his annual contract salary; ' and 2. .. ' . , , . (2) on behalf of eaeh aczive m�e::ber on sabbatical leave, an a�unt equal to seven per cent of his aru-ival con-cract salary , that r�ould have been p�yable had he not been on sabbatiical leave." , . xx. That Article N� Section 2, �aragraph�2 (d), which naw reads: ��(�1) Back du�s for a11 accredi�ed ou�side service, previo•as St. Paul service, military service, and goverr.mental service shall be paid as follows: (1) for outside service ten and one-half per centi of the salary received; provided, ho�vever, tha-t ii full pay��nt is �ade befoxe January l, 1969, �the amount sha11 be six per cent of tne salary received; ' (2) for previoias St. Pau1. service perforr�ed before J•a]�y 1, Z967, six per cent of the salary received, and for previous St. Paul sexvice performed after June 30, 1967; seven per cen-t � of the salary received, subjec't in either case, to the ma�rtram provided in Parag'raph 1 of th.is section; and (3) fox military service and governn:ental serv'ice per- formed before Ju7,y l, 1967, six per cent, and for military service and governmental service periormed after June 30, 1967, seven per , � cent, of tne salary that would have been received for such service � ii �cr�e memaer ndd oe�_n paid -i;iierezor ac 1;Lle rd�e oi -�iie u�sic; � salary he received for the St. Pau1 service immediately precedinb such service� subject, in ei�her case, to the maxirmun p-rovided in � Paragraph 1 of this sec-tion. Back dues payable on accoun� of outside service and prevaous St. Pau1 servi.ce sha11 be computed on �he basis of the salaYy ' . received for the latest years of such service; provided, ho��ever, that in the case o£ a person tirhose regular errploy�ent duri��; an,y year of such service vras for more than tne norsnal school year� the , amoun� of the back dues p�yable on accotant of such year s'r�all be cor�puted upon the basis of the salary received for the number of months con.stituting the normal school year.rt , be amended so as to read: "(d) Back dues for all accredited outside service, previous St. Paul service� mi].itary sexvice, and goverrunental serv�.ce shall be paid as follotias: (1) for outside service ten and one-half. per cent of -the salary received; provided, hoti��ever, -that if full paym,ent is made 'before January 1� 1969, the amount shall be six per cent of the salary received; (2) for previous St. Paul service performed before Ju1y 1, � 1967, six per cent of the salary received, for previous St. Pau1 serva.ce performed after June 30, 1967, seven per cent of his salary received, and ' ' � (3) for military service and governm.ental sexvice per£ormed before Ju1�y l, 1967, six per cen-t, and for ,military ar�d governmental service performed after Jur.e 30, 1967, �d before January 1, 1970, seven per cent, Qf the salary that svould have been received for such service if the member had been paid therefor at the ra�e of the basic salary he received for the St. Paul service ir�aia-tely preceding such service subjec;, to the former limitation of t���elve hundred dollars a month; and for mili�tary service and governr�ntal service perfo-rraed after January 1, 1970, seven per cen� of' �tne salary that srould have been received for such service if �r.e member had been paid therefor at the ra-te of the� annual contract salary he received far the St. Paul service imraediately preceding � such service. Back dues paya'ble on accour�-� �o£ outside service and previous St. Paul service shall be computed on the basis of the salary received for the latest years of such service," TII. That Article N, Section 2, Paragraph 5; which nocv reads: "Paragraph 5. Computation of 7�r�th oi Service. � 7n ' computing years of service -to be accredited for all pensions � granted under the terms of the Articles and By-�a�vs in effect a4`+ov. Tlnnam}vn�+ �l i�I.f�{ Cl'I'1nC�I VP.?7`R nf� '�'1�X1'G 'GO 'CC7ElVe rnontr�s � sha11 be considered `as one year. �`Jhen the a�'gregate of service � has been so determined fox all pensions granted under the terms of the Articles and By-Laws in effec� after December 31, 1948, periods of less than a half year sha11 be disregarded ar.d periods of a half year or more shall be considered as one year; provided, ' � hoti�ever, that the rule stated in the first part of this sen�;ence shall not be applied in the case of a member v�rhose aggrega�e ler�th of service is less than the mini� numbex of years required �'or a len,�-th of service pension, for a limited service pension, or for a disability pension. Years of service accredited for pensions granted before January 1, 19�9, sha11 not be redetermined in the manner provided in this para,graph. Teachir� service on a half--time basis shall be accredited for one half the period of time taught on that basis." ' be amended so as to read;� '�Paragraph 5. Computation of Len�th of Service. In co:�rputind -the len�th of ou�side service, normal school years of eight to tzvelve months shall 'be counted 2.s one year. In computing the number of y�ars of a member's St. Pa�l service, ten to tcTelve months in a school year shall be counted as one year; periods of ' less thsn ten months shall be counted as a fxaction of one year, the numerator of v�hich i.s the number of months of service and the der�omi�aator of which is ten. 11Jhen the a.ggr�gate I.ex�th of service i I�. has been deterr�ined, periods of less than one half of a year shall be disregarded and periods of or.e half of a year or more sha11 be counted as one year; provided, ho�;�ever, tha-i thc i~u.7.e stated in the first part of this sentence sha11 not oe applied in � the case of a r.;er:iber srhose aggregate 1en;-th of service is less tiian the mininr,un number of years requ�.red for a lendtn of servic� pension, for a liraited service pension, for a deferred pensior�, or for a disability pension. Years of service acc-redited for pensions �xantod upon the bau�., of �e�rico completed before 3a.�uaxy 1, 3.970, sha7.1 no-t be recomputed in the manner provided in this paragraph. Teachang service on a half-time basis shall be accredited for one half of the period of time taught on that basis.'� � � N. That Article N, Section 3, Paragraph 2 (b), vrhich norr reads: � "(b) Applications for length of service pension or lirai�ed �service pension shall be filed a-t lenst 3Q days prior �o the da-�e of re�irement. It shall be the duty of the Secretary to present such applications, together �*ith all pertinent infor:nation and records, -to t'r.e Board in sufficient tirr�e so that pensio:-� may bebin for the firs-t full calendar mon�h of retirement follo;rinE; �cne last cr+llnnl mnr'f'.1� nf �I-r�onT�irirr cnv.tr�nn T.+ +nn ..1� r.,��,....., .t;.,. - — ------• ----_....�_ __ .._�_�..,��� .�..� ....,, ..�. v.... ...�..,.� ..� y a,�.`...�,:.:.. v: vu.. • par-t ot' ;,tze nember to make application within -'the ti,e he-rein specified tne pension sha11 begin as of the first f`ull calendar month begiru�ing not less than 30 d�ys after receipt of application," be amended so as to read: � "(b) Except as hereinafter provided, applicatio�s for 1er��h of service pension or limited service pension shall be i^iled at least 30 days before the date of the applicant's retirement. Tne Secre-�a'ry shall pxesent such applica�ions, together with al.l necessary supporting data, to tne Board in sufficient time so that sucn pensions may begin for the first full calendar month of retiremen�t follovring the last school month of teaching service. 7n the case of a r�e�i�er who has not attained the age of fifty-five years or svho �rishes to defer the commencer�ent of pension pay;nents, _, t•he application shzll be filed at least 30 days before the member �i11 attai.n the age of fifty- five years or be�ore the date to rrhich he �rishes -to defer the co�nance- ment of pension payr.�nts, as the case may be. Tn the case of tne failure of a member to file his application crithin the tirr.e herein speci£ied, pension payments sha�l begin �ith the first calendar month beginning no less than 30 days after the filing of the application." �z . V. That Axtic�e N, Section 3, Par�;raph 3, �hich no� reads: "Par;graph 3. Deferred Pensions. The �:.nnual a.r��ount of the pension payable to a member entitled to a deferred p�nsion snall • equal one and one-half per cent of his averabe salary, as herein- after defined, for each year o£ his accredited service." be amended so as to read: "Par�raph 3. Length of Service and Ia.mited Service Pensio�s. The annual a-nount of the pension payable to a member �;ho retires upan. or after attaining �'rLe a.�;e of sixty years sha11 equal `the � sum of the applicable percenta.,�es or his aver.�e salary, as � hereinafter defined, £or each of the years of his accxedi-cec� service shoivn, in the followix� schedule: . �'eaxs of .h.ccredi-ted Sexvice Ab�licable nercent�,?e; (a) first ten years 1.5`� per year (b) second ten years . 1.7� per year (c) third ten years 1.9� per year (d) four�th -ten years 2.1/ per year (e) additional years none � ^1he annual amoun.t of the pension pay2ble to a memner ��rho retires before attaining the a.ge of sixty years snall be �hat amount computed �.n accordance �rith the next precedine sen�ence, reduced, ho�rever, by one-na1.f of one per cent for each mon�h ox major frac�ion thereof intexvening betv��een the da�e upo:� �:hich . the payment of the pension begins and the sixtieth a.nnivers4..ry of the date of his. birth." . VI. That Article N, Section 3, Para�raph /�, which now reads: � , "Paragraph !�. Ler�th of Service and Limited Service Pensions. The annual ar�otant of the pension payable to a Member r�ho retires after a-ttaini.ng the. age of sixty years sha11 equal one and one-ha1.f per cent of his average salary, as hereinaf-ter definec� for each year o� his accredited service, not exceeding forty years. , The annual arnount of the ,length of service pension payable to a member vrho retires before attainir� the �e of si��ty years shall equal one and one-ha1.f per cent of his average salary, as he-reinafter defined, ,for each year of his accredited service, not exceeding for-ty years, xeduced, ho�vever, by one-half of one per cent ior each month or ma jor�i raction thereof intervening be�t�reen -the da�e of his xetirenent and the sixtieth anxLiversary of the date of his birth." 6„ . . . . . . . ..z. - - i r . . . be am�nded �o as to read; "Paragraph 4. Deferred Pensions. ^1he ann.ual araount of -the pension p�yab�e to a mer,�eer entitled �o a deferred pension sha11 be co�puted accordino to the for:mila expressed an the first ser,tence of Paragraph 3 of this section." � VII. . Tha� Ar�ticle N, Section 3, Parag'raph 9, �rhich no�v reads: "Paragraph 9. Increase of Pensions of Retired Teachers. Every member i�ino retired before January l, 1975, and vrho is entitled urLder the provisions of the Sy-Larrs in effect Decemper 1, 195�, to a fuli service pension, to a limited service p�nsion, or to a disability pension, shall be entitled (i) effective January 1, 1955, to an increase of t�ren�y per cent in the amount o� his monthly pension or an increase of t�renty dollars in the amount of such .pension, . �vhichever is gr�ater; and (ii) ef£ec�tive January l, 1958, to a further increase of fifteen dollars in the amount of his monthly pension: Tn addition to the foregoing increases, every such ;�er�ber, excep-tin; a�y ivho retired upon a full service pen.sion beiore attaining the age of fifty-five years, sha1l be entitled, effective ..i.. ..r r�r.s.n,. .a..l'i n�,-. �-,� -f�nc J`cLt111ci�Y i. iyV�. VU d. iui viic:l ui�:icaac vi ii.� w•.: •••••�.�•,••• .�-_ �•••, amount of�his monthly pension. � • In adda.tion to the foregoing increases, every m�mber rrho retired before January 1, 1955, and vrno is entitled �ander the provisions of the byla�rs in effeet December l, 1954, to a full service per.sion, to a limited service pension, or to a disabili�ty pension, shall be entitled, effective January l, 196b, to a further increase . ' of fifteen dol.lars in the auount of his month]�y pension." be amended by adding thereto the follo�ring tsro paragraphs.: "In addi�ion to the fore�oi.ng increases, every member tivho retired before January l, 1970, and vrho is entitled under the provisions of the bylavrs in effect on December 1, 1969, to a full service pension, to a limited service pension, or to a disability pension, shal.l be entitled, effec�Live January 1, 7.970, if he has then attained the age of seven�y years, (or, if he has not �hen attained the age of seventy years, upon that first day of -the month coincident v�-i-�h ox next follozvi.ng -the date upon �vhich he does attain the age of seventy years) to a further increase in the amount of his mon�hly pension in an amount cor�puted according to the fo1lo��rir�g formula: $.0375 x y, in clhich x equals the number of years of his accredited service (subject to a mazimwn of forty years) and y equals the number of years for vrhich he has been receivin� his pension (adjusted to the nearest f1i1.1 number of years and subject -to a maxinum of tvrenty ye ars). • , �i. � Persons receiving :,enefits under the former byla�7 providing for reversionary pensions and persons receiving survivors benefits sha11 also be entitled to increases computed in accordance c�iZh the formula expressed in the next preceding para�raph of this � Paragraph 9." VIII. Tha� the second paragxaph o£ Ar�icle V`, Section 1, �rhich notiv - re ads: � "The term 'contribution of -the Ci�y of St, Paul' means an amount equal to the sum of the �ollovring: (a) an amowzt equal to the 'sta'c�d per cent' (as hereinaf�er defined) of 'that part of the �teachers' salaries to be taken into account in co�putin; the amount of inembers' dues (adjus-ced as hereinafte� provided); and � • (b) the arnount required to pay the increases in the pensions of inembers who retired before Janu�ry l, 1955, provided by Para- graph 9 of Section 3 of Article N, as amended.�' � � be amended so as -to read; "The tPrrn T rnnt.ri hiiti nn nf' t.ha (:i t.v nf.4t. Pa�il t mAar�c a,� . aIIIOUIlti equal 'LO Z.t12 SLUri OI: 'GI7e I 0110`71T1�; (a) an ar,iount equal to the 'stated per cent' (as hereinafter defined) of that part of the teachers' salaries to be taken into account in computinb the amount of inembers' dues (adjus�ted as hereinafter providecl)� and � (b) the amount required to pay the increases in the pensions of ' retired members provided by Paragraph 9 of Section 3 of Article IV, as amended." . zx. That Article IX, Section 1, Paragraph 2, be amended by insertirk; therein, immediately after the definition of the term "ACTIVE Mr:iviBERS", a definition of the term "INACTIVE �,�I�IBERS", as follows: "--INACTIVE M.EMBERS--members �rho have ceas�d to be active • members and zvho are, or may become, entitled to receive benefits." 8, A ` . . /\� That Article TX, Section 1, Parati,raph 2, be �ended by inser�ing therein, immediately preceding the definition of the �erm "Average Salary" a nev� definition of the term "Annual Coi�tract Salary", readin; as follo�rs: ":.NP�'U.�L CO;�'TRt?CT SAT�':RY - The amount earned for a school ye�r �::c�m�u�cd �rom �th4 firwt day of July to t�,c� 'tt���ti�th day � of Jurie) for the regularly assigned position, as determined � by the schaol code in effect for thE year, but excludin� ��,y s�tipends for extracurricular, surr�er school, and evening sci�ool service." XI. That the defini.tion of the term "Average Salary" contained i� Article YX, Section l, Paragraph 2, which now reads: "AVEr'?A�E SALARY - An ai:aunt equal to one-fifth of the surn of that gart not exceeding te�elve hundred dollars of the . monthly salary paid to a member for teaching service for each . . of the best fif�ty schoo7� months of the latest on� hundred „ ..,,�,.,.,i m.,r+.�h� fnr whi rth A fiA��7`V deduction for dues tvas made .,.,�.,...�, .,._„----- -�`- -__ .. „ �i__ prior 't0 h1.S re�tireMen�; provided, t1VV`iCVt;.['� i,itdi, L Vl' N11C °y�i;�y'v��: of the computation requa.red hereby, a ��mber on sabbatical leave shall be dee�d to have been paid during such leave, a monthly salary equal �.o that part no� exceedix� �t�elve hundrzd dollars of his monthly salary for teaching service in effect „ immediately preceding the sabbatical leave." 'be am�nded so as to read: "AVEii.A�E SALARY - An am�unt equal to one-fifth o£ th� sum of tne annual contract salary for the five years groducing tr,e highes� average ou� of. the la�est ten years of St. Paul service for which a salary deduction for dues t�as made prior to the termination of active servic�; provided, ho��ever, that for the purpose of the computation required h�reby, a �zmber on sabbatical leave shall be deemed to have been paid during such leave the full amount of his annual contract salary in effect during the sabbatical leave." � ' XII. ' That the definition of the term "RETIRED Nl�?J�ERS" contained in ' Article IX, Section 1, ParagY�ah 2, which noc� seads: 9. . . v "°�I� .:�:::���,S-�r��bers retired f:ora teachinb service and and receivind or e:�titled to receive benefits." be amended so as to read: "--RETIR� I��ii,9B�RS--u�mbers retired from teachin� service and receiving benefits.�� IN tiVITN�'SS WFi�REO�, thQ ma�.d Af:.RNIT.LI� P. TOPD.�:L t�n�i T,YL� T. Ft�.i',:�Ft, . have hereunto subseribed their names and. caused the seal of the corx.ara�ion � � 'to be hereto affixed this �� d�y of November, 1969. � Tn Presence of: . �_..�.� r��-t-- `ril � r�' '� - --�. ' 1 �;,,� � �.� r-� -T--;- l, ; , � �:r;' `' "� — ,z. � � �; � ,; G' ����L-!.���..�. . .. N[�ni11a P. Top.�3ah1, Presiden� �. , . , r._. . _._: � � j �,j -� _ � �..., �. � i .�:�- �,L -'� I .�, ,j f '��' �`"�+ �� !- ""�"� ��i�7-��,l '� ,. Iy1e T. Farmer, Secretary (Cor�orate Seal} STATE OF MINNESOTA ) ) �. COt7.�TY OF R'��fSEY ) � � On this � ,day of November, 1969, before me personal�y appeared ��.AN'�LLA P. TOPDA.�iL and LYZE T. FAR��R, �ho, b�inb firs� duly s�rorn, did . depose and say that they are the President and the Secre-�ary, respec�ive�y, of Teacr.ers' Retir�ment Fund Association, tY�.e corporation na,:��d in the foregoira�; instrument; tha� the seal affixed to tr.e instrument is tr,e corporate seal of the cor�ration, 'that �he inst�ent vras signed and sealed on behalf, of the corporation by its express authority; and they ackna�rledged the instru;nent to be their free act and deed and the free act and deed of the corporation. . � � . _ ., ; � Notary Public, Ramsey County, Minnesota (Notarial Seal) 2vy commission expires VtVIAN E. PETFRSON Notary Publir, Ramsey County, Minn. My Commission Expires June 17, 197� 1��