246426 �
OR161NAL TO CITY CLBRK CI� OF ST. PAUL COUNCIL 24�4.�6 �
. • OFFICE OF THE CITY CLERK FILE NO.
OUNCIL S LUTION—GENERAL FORM
PRESENTED BY
COMMISSIONE DATF
RESOLVED, That pursuant to the Statutes of the State of Minnesota
in such case made and provided, the Council of the City of Saint
Paul hereby approves the several amendments to the By-Laws of Teachers'
Retirement Fund Atleo���aation, a copy of such amendments being hereto
attached, marked '�Exhibit A" and hereby incorporated herein and
made part and parcel hereof, said amendments to said By-Laws of
said Association having been duly adopted by the members of said
Association on September 9, 1969, at the annual meeting of the members
of said Association du]y called and held thereon, as set forth, ac-
kno�i7iec�ed and certified to said Council under the duly acknowledged
and certified statement, in proper certificate form, by Manilla P.
Topdahl, as President, and by Lyle T. Farmer, as Secretary of said
Teachers' Retirement Fund Association, hereto attached, marked "Exhibit
B" , hereby incorporated herein as part and parcel hereof and filed
herewith.
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V 2 6 1969
COUNCILMEN Adopted by the Counci 19—
Yeas Nays NQV 2 � 1'69
�-F�a,a�_.�—
�Dalglish Approve� 19_
�� O
�Meredith Tn Favor
-�'etersart
�prafk2 � ,��t r�, Mayor
�Tedesco A gainst
;���#�:�,�xs�i�nt,���° ,� riI�I.ISHE�
�(r. Viee Prosideat (Peteraon) N�V 2 9 1969
�
CERTIFICATE OF AN�NDMENT OF BY-LAWS ��6�
�`�
���
� OF
TEACHERS' RETIRF.MENT FUND ASSOCIATION
NIANILLA P. TOPDAHL, the President, and LYLE T. FARMER, 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, having its registered office in the City of '
Saint Paul, County of Ramsey, State of Minnesota, do hereby certify:
I.
That the Board of Trustees, acting at a regular meeting heid
pursuant to due notice, at three o'clock in the afternoon of th� :�inth
day of September, 1969, at the office of the Association at 555 �labasha
Street in the City of Saint Paul, Adinnesota, did propose the amendment o�
�the By-Laws hereinafter set forth by adopting a resolution aetting fortn
the propased amendment and directing that it 'be submit�ted for adoptiori a� 4
special meeting of the members of the corporation to be held on Wednesc;:�,yy
• the nineteenth day of November, 1969, at four o'clock p.m, at the TechnS.�:�::
Vocational Institute Auditorium, 235 Ma.rshall Avenue, Saint Pau3:, Af.inneso��:,
and that notice thereof be given to each member entitled to vote on the
proposed amendment, and to each officer and trt�stee regardless of hfs v��i�:�
rights, in the manner prescribed by Zaw.
II.
That a written notification of the said annual meeting, stating
the time, place, and purpose thereof, properly addressed according to �,:;��
last available corporate records, was mailed by the Secretary of the
corporation to each member and trustee of the corporation on the thirt�e�h
day of October, 1969, and that there pas enclosed with each such notice
a copy,of the smendm�mt of the By-Laws proposed by the trusstees and herai_.-
after set forth.
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That the members of the corporation� acting at the special
ineeting held, pursuant to due notice, as aforesaid, in accordance with
the requirements of the Articles of Inaorporation and of the By-Laws,
at four o'elock in the afternoon of Wednesday, the nineteenth dqy of
November, 1969, at the Technical Vocational Institute Auditorium,
235 Marshall Avenue, 5aint Paul, Minnesota, a quorum of the members
being present in person and by pro�y, did approve the proposed amend-
ment by adopting the follo�ing resolution by the affirmative vote of a
majority of the members present in persooi or by pro�qr filed with the
Secretary.
RESOLUTION A1+�NDING BY-LAWS OF
TEACHER5' RETIREMENT FUND ASSOCIATION'
RESOLVED, that the by-laws of Teachers' Retirement �nd Association
be amended, effective January 1, 1970, iri the following respects, to wit:
I. .
• That Article N, Section 2, Paragraph l, which now reads:
"Paragraph 1, Current Dues. For each of the ten months
constituting the normal school year, there shall be withheld
by the City and paid into the treasury of the Association, as
current dues:
(1) on behal£ of each active member not on sabbatical leave,
. an amount equal to seven per cent of that part of his month]y
salary for teaching service not exceeding twelve hundred dollars;
and
(2) on behalf of each active member on sabbatical leave
an amount equal to seven per cent of that part of his manth]tiy
salary for teaching service in effect immediate],y preceding the
sabbatical leave not exceeding twelve hundred dollars." '
be amended so as to read:
"Paragragh 1. 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 equaZ to seven per eent of his annual contract salary;
and
2.
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(2) on behalf of each active member on sabbatical leave,
an amount equal to seven per cent of his annual contract salary .
that would have been �p�yable had he not been on sabbatical leave.«
II.
That Article N� 5ectian 2, Paragraph�2 (d), which now reads:
"(�) Hack 6ues for all aecredited autside service, previous
St. Paul service� mi.litary service� and governmental serv:i.ce
shall be paid as follows:
(1) for outside service -ten and one-half 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) for previon.s St. Paul service performed before July 1,
1967, six per cent of the salary received, and for previous
St. Paul service performed after June 30, 1967, seven per cent
� of the salary received, subject in either case, to the maximwn
provided in Paragraph 1 of this section; and
(3) fox mi litary service and governmental service per-
forn�d before 3v1,y Z, 1967, six per cent, and for military service
and governmental. service performed after June 30, 1967, seven per
. cent, of the salary that would have been received for such servic� `
if the member had been paid therefor at the rate of the basic
salary he received for the St. Pau], service immediately preceding
such service, subject, in either case, to the maxi�m provided in
Paragraph 1 of this section.
Back dues payable on account of outside service and previous
St. Pau1 service shall be computed on the basis of the salary �' _
received for the latest years of such service; provided, however,
that in the case of a person whose regular employment duri.ng any
year of such servi.ce was for more than the normal school year, the
amount of the back dues p�yable on account of such year shall be
computed upon the basis of the salary received for the number of
�months constituting the norma.l school year."
, �
be amended so as to read:
"(d) Back dues for all accredited ot�tside sex�vice, previous
St. Pau]. service, m3.litary service, and governmental service shall
be paid as follows:
(1) for outside service ten and one-half per cent of the
salary received; provided, however, that if full payment is made
before January l, 1969, the amount shall be six per cent of the
salary received;
(2) for previous St. Paul service p�rformed 'before Ju1y 1,
1967, six per aent of the salary received, for previous St. Paul
service performed after June 30� 1967, seven per cent of I�is
salary received, and ' '
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(3) for military service and governmental service perfozmed
before July 1, 1967, six per cent, and for ,military and governmental
service performed after June 30, 1967, and before January l, 1970,
seven per cent, af 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 St, Paul service irmnediately
preceding such service subject to the former limitation of tvrelve
hundred dollars a month; and for military service and governm�ntal
service perforraed after January 1, 1970, seven per cent of the
salary that would have been received for such service if the
member had been paid therefox at the rate of the' annual contract
salary he received for the St. Paul service �nediately preceding
such service.
Back dues payab].e on aceaunt �of ou�side service and previous
St. Paul service shall be computed on the basis of the salary
received for the latest years of such service,"
zzz.
That Article N, Section 2� Paragraph 5, which now reads:
"Paragraph 5. Computation of Length of Service. 7n
� computing years of service to be accredited for all pensions
� granted under the terms o£ the .Articles and By-Laws in effect
after December 31, 19�+8, school years of eight to twelve months
sha11 be cansidered as one year. When the a,ggregate of service
has been so determined for all pensions granted under the terms
of the Articles and By-Laws in effect after December 31, 1948,
periods of less than a half year sha11 be disregarded and periods
of a ha3.f year or more shall be considered as one year; provided, '
however, that the rule stated in the £irst 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,
or for a disability pension. Years of service accredited for
pensions granted before January l, 191�9, shall not be redeterm3.ned
in the manner provided in this paragraph. !
Teaching 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;
�iparagraph 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 y�ars of a mer�ber's St. Pa�l. service, ten to twelve
months in a school year shall be counted as one year; periods of
' less than ten months shall be counted as a fraction of one year,
the nwnerator of which 3.s the number of months of service and the
de�xom�aator of which is ten. When the aggregate length of service
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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 i�u].e
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
disability pension. Years of service accredited for pensions
�rantad upon the basis of ser^vic� completed.b�fore January l�
1970, shall not be recomputed in the manner provided in this
paragraph.
Teaching service on a half-time basis sha11 be accredited
for one half of the period of time taught on that basis�rr
N.
Tha-t Article N, Section 3, Paragraph 2 (b), which now reads: •
"(b) Appl.ications for length of service pension or limited
service pen,sion shall be filed at least 30 days prior �o the date
of retirement. It shall be the duty of the Secretary to present
such applications, together �rith all pertinent information and
records, to the Board in sufficient tim�e so that pensions may begin
for the firs-t full calendar month of retirement� following the last
school month of teaching service. In the case of failure on the
part of the member to make application within the' time herein
specified the pension shall begin as of the first full calendar
month beginning not less than 30 d�ys after receipt of application."
be amended so as to read:
� T'(b) Except as hereinafter provided, applications for length
of service pension or limited sexvice pension shall be filed at
least 30 days before the date of the applicant's retirement. The
SecretQ'ry shall present such applications, together with all necessary
supporting data, to the Board in sufficient time so that such pensions
may begin for �the first full calendar month of retirement following
the last school month of teaching service. In the case of a r�ember
who has not attained the age of fifty-five years or who �vishes to
defer the commencement of pension payments,., the application shall be
filed at least 30 days before the member will attai.n the age of fifty-
five years or 'be�ore the date to which he wishes to defer -the commence-
ment of pension payments, as the case may be. Tn the case of the
failure nf a member to file his application within the time herein
specified, pension payments sha11 begin with the first calendar month
beginning no less than 30 days after the filing of the application."
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V.
That Article N, Section 3, Paragraph 3,, which now reads:
"Paragraph 3. Deferred Pensions. The annual amount of the
pension p�yable to a member entitled to a deferred pension shall
equal one and one-half per cent of his average salary, as herein-
after defined, for each yeax of his accredited service."
be amended so as to read:
"Paragraph 3. Length of Service and Limited Service Pensions.
The annual amount of the pension payable to a member who re-tires
upon or af-�er attaining the age of sixty years sha11 equal the
sum of the applicable percentages of his average salary, as �
herei.nafter defi.ned, for each of the years of his accredited service
shown in the followiz�g schedule:
xears of Accredited Service An�licable percenta�e:
(a) first ten years 1.5� per year
(b) second ten years 1,?� per year
(c) third ten �years 1.9� per year
(d) fourth ten years 2.1� per year
(e) addi-tional years none
The annual amount of the pension payable to a member �rho
retires before attaining the age of sixty years shall be that
amount computed in accordance wi.th the next preceding sentence,
reduced, however, by one-half of one per cent for each month
or major fraction thereof intervening between the date upon �vhich
the payment of the pension begins and the sixtieth a,nna.versary
o£ the date of his. birth."
VT.
That Article N, Section 3, Paragraph /�, wh3.ch now reads:
� . "Paragraph !�. Length of Service and Limited Service Pensions.
The annual amovnt of the pension p�yable to a member who retires
after attaining the ag� of sa.xty years shall equal one and one-half
per cent of his average salary, as hereinafter definec� for each
year o£ his accredited service, not exceeding forty years.
, The annual amount of the ,length of serv3ce pension payable to
a member �rho retires before attaining the age of sixty years shall
equal one and one-half per cent of his average salary, as hereinafter
defined, ,for each year of his aecredited service, not exceeding
for�ty years, reduced, however, by one-half of one per cent for
each month or major�fraction thereof intervening between the da-te of
his retirement and the sixtieth anxu.versary of the date of ha.s birth."
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be a�nended so as to read:
"paragraph !�. Deferred Pensions. The annual amount of the
pension payable to a member entitled to a deferred pension shall be
computed aceording to the formula expressed in the first sentence
of Paragraph 3 of this section."
VII.
That Article N� Section 3, Paragraph 9� wh�-ch now reads:
"Paragraph 9. Increase of Pensions of Retired Teachers.
Every member who retired before January l, 1955, and who is
entitled under the provisions of the Sy-Laws in effect December 1,
1954, to a full service pension, to a limited service pension, or to
a disability pension, shall be entitled (i) effective January 1,
1955, to an increase of twenty per cent in the amount of his monthly
pension or an increase of twenty dollars in the amount of such .pension,
whichever is greater; and (ii) effective January 1, 195$, to a
further increase of fifteen dollars in the amount of his monthl�y
pension;
In addition to tYie foregoing increases, every such member,
excepting any who retired upon a f�ill service pen.sion before
attaining the age of fifty-five years, shal]. be entitled, effective
January 1� 1962, to a flirther increase of fifteen dollars in the
amount of his monthly pension. � �
In addition to the foregoing increases, every member Trho
retired before January 1, i955, and who is entitled under the
provisions of the bylaws in effect December l, 1954, to a full service
pension, to a liraited service pension, or to a disability pension,
shall be entitled, effective January 1, 196b, to a fur�ther increase .
of fifteen dollars in the amount of his monthly per�sion."
be amended by adding thereto the following two paragraphs;
"In addition to the foregoi.ng increases, every member who
retired before January 1, 1970, and who is entitled under the
provisions of the bylaws in effect on December l, 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 age of seventy years, (or, i£ he has not then
attained the age of seventy years, upon that first day of the month
coincident trri-th or next folloi�ving 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 follo�ring
formula: $.0375 x y, in which x equals the number of yeaxs of his
accredited service (subject to a maximum of for-ty years) and y equals
the number of years for v�hich he has been receiving his pension
{adjusted to the nearest f�7.1 number of years and subject to a
' maximum of twenty years).
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Persons receiving benefits under the former bylaw providirng
for reversionary pensions and persons receiving survivors benefits
shall also be entitled to increases computed in accordance with
the formula expressed in the next preceding paragraph of this
Paragraph 9."
VIII.
That the secoad paragraph oi' Article V, Section 1, which now
re ads:
"The term 'contribution' o£ the City of St, Paul' means an
amount equal to the sum of the following;
(a) an amount equal to the 'stated per cent' (as hereinafter
defined) of that part of the teachers' salaries to be taken into
account in computing the amount of inembers' dues (adjusted as
hereinafte� provided); and � �
(b) the amount required to pay the increases in the pensions
of inembers who retired be£ore January 1, 1955, provided by Para-
graph 9 of Section 3 of Article N, as amended.�� �
be amended so as to read;
"The term 'contribution of the City of St. Paul' means an
amo'unt equal to the sum of the follow:ing:
(a) an amount equal to the 'stated per cent' (as hereinafter
defined) of that part of the teachers' salaries to be taken into
account in computing the amount of inembers' dues (adjusted as
hereinafter providec�� and .
(b) the amount required to pay the increases in the pensions of
retired members provided by Paragraph 9 of Section 3 of Article N,
as smended."
IX.
That Article IX, Section 1, Paragraph 2, be amended by inserting
therein, immediately after the definition of the term '�ACTIVE MMF.NN�ERS", a
definition of the term "INACTIVE MIIVfBERS", as follows:
"--TNACTTVE MEIv�ERS--members who have ceas�d to be active �
members and who axe, or may become, entitled to receive benefits."
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X�
That Article IX, Section l, Paragraph 2, be amended by inserting
therein, immediately preceding the definition of the term "Average Salary"
a new definition o£ the term "Annual Contract Salary", reading as follows:
"ANNTJAL CONTRAC2 SALARY - The amount earned for a school
year (aoraputed �ram th� firgt dey of July to th� thirtioth day
of June) for the regularly assigned position, as determined
by the school code in effect for the year, but excluding any
stipends for extracurricular, summer school, and evening school
service."
XI.
That the definition of the term "Average Salary" contained ia
Article IX, Section l, Paragraph 2, which now reads:
"AVERAGE SALARY - An amount equal to one-fi£th of the
sum of that part not exceeding twelve hundred dollars of the .
monthl,y salary paid to a member for teaching service for each .
of the best fifty school months of the latest one hundred
school months for which a salary deduction for dues was made
prior to his retirement; 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, a
monthly salary equal to that part not exceeding twelve hunflred
dollars of his month]y salary for teaching service in effect
immediate�y preceding the sabbatical leave."
'be amended so as to read: �
"AVERAGE SALARY - An 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 made prior to
the termination of aetive service; provided, however, that for the
purpose of the compu'tation required hereby, a member 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 N�BERS" contained in �
Article IX, Section 1, ParagY�ah 2, which now .reads:
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"--RETIRED AI�ERS�m�embers retired from teaching service and
and receiving or entitled to receive benefits."
be amended so as to read:
"--RETIRED MF�UIDERS--members retired from teaching service and
receiving benefits.��
IN WIfiNF.S$ WF�REOF, the e�tid MANILLA P. TOPI7AHL and Y.Y�' �. �'AFQViER,
have hereunto subscribed their names and. caused the seal of the corporation
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to be hereto affixed this � day of November, 1969. �
In Presence of:
�.....�
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'"� ��.�,.�� � i_ ��
� � il,la P. Topdahl, Presid�nt
�_ / �, (/ ,� _ �
__��-�-t��r1� ����Ci,,t-�� �� / �
,. Iy� T. Fa`�rmer, Secretary
(Corporate Seal)
STATE OF NfINNESOTA )
) �.
COINTY OF NAMSEY )
�
0!n this -� ,day of November, 1969, before me personal�y appeared
MANILLA P. TOPDAHL and LYLE T. FARMER, who, being first du�y sworn,did .
depose and say that they are the President and the Secretary, respectively,
of Teachers' Retiremeat Fund Association, the corporation naraed in the
foregoing instrument; that the seal affixed to the instrument is the
corporate seal of the corporation, 'that 'the instrument was signed and
sealed on behalf. of the corporation by its express authority; and they
ac'�owledged the instrument to be their free act and deed and the free
act and deed o£ the corporation.
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C.-L`' .::_F 1'.
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Notary Publi.c, Ra.msey County, Minnesota
(Notarial Seal) N(y commission expires
i/fV1AN E. PETERSON
Notary Public, Ramsey County, Minn.
My Commission Expires June 17, 1971
10.