185876 Original to City Clem 185876
CITY OF ST. PAUL COLE NCIL NO.
OFFICE OF THE CITY CLERK
C•U CI ESOLUTION-GENERAL FORM
PRESENTED BY e
COMMISSIONE• - _ / DATE
RFSOLVED, that the Council of the City of Saint Paul
hereby approves the amendment to the By-Laws of Teachers'
Retirement Fund Association, a Minnesota corporation, such
amendment having been adopted by a majority vote of the members
of said Association January 16, 1958, and a copy of which amendment
is hereto attached, filed herewith, and made part and parcel of
this resolution.
Council File No. 185876—By Adrian P.
Winkel—
Resolved, That the Council of the
City of Saint Paul hereby approves
the amendment to the By-Laws of
Teachers' Retirement Fund Association,
a Minnesota corporation, such amend-'
ment having been adopted by a major-
ity vote of the members of said Asso-
ciation January 16, 1958, and a copy
of which amendment is hereto at-
tached, filed herewith, and made part
and parcel of this resolution.
Adopted by the Council January 23,
1958.
Approved January 23, 1958.
(January 25, 1958)
JAN 2 31958
COUNCILMEN Adopted by the Council 195_
Yeas Nays
DeCourcy JAN 2 31958
Holland Approved 195-
M zsi e4.li-
Mortinson Tn Favor lX
Peterson Mayor
(J �
ri el Against
Mr. President, Dillon
5M 6-56 2
-Duplicate to Printer• . 85876/
COUNCIL NO.
OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION—GENERAL FORM
PRESENTED BY
COMMISSIONER DATF
P SOLVED, that the Council of the Ci t7 of Saint Paul
hereby a_3prores the :Amendment to the liy—Laws of Teachers'
1 etire ent Fund Aseoci ati.on, a. Minnesota cor;:?orst' on, such
' endment hiving been a^o^tc,cl by a majority vote of the rembrrs
of said Ass ociat;on January 16, '058, and s,. copy of which amendment
is hereto attached, filed herewith, any` made part and parcel of
this resolution.
Jam 2 31958
COUNCILMEN Adopted by the Council 195_
Yeas Nays
DeCourcy
Holland Approved 195_
Marzitelli
Mortinson n Favor
Peterson Mayor
Rosen Against
Mr. Presidieiillon
5M 6.56 2
1.r`876
the undersigned, as the duly qualified and acting
Secretary of Teachers' Retirement Fund Association, a Minnesota.
corporation, do hereby certify that the following and quoted
resolution amending by—laws of said Teachers' Retirement Fund
Association:
"RESOLVED, that the first sentence of the
second paragraph of Paragraph 10 of Section 3
of Article IV of the By—Laws of Teachers'
Retirement Fund Association be amended, effective
January 1, 1958, so as to read:
"'At least one year before the
date of his retirement a member who
desires to exercise the option provided
by this paragraph shall sign and file
with the Secretary a notice of election on
a form to be provided by the Association;
provided, however, that a member whose
retirement occurs in the year 1958 may sign
and file such notice on or before the date
of his retirement. '"
was duly submitted for adoption at the annual meeting of the members
of said Association held on Thursday, January 16, 1958, at 4 o'clock
p. m. at 25 Fast Fifth Street, Saint Paul, Minnesota, upon due notice
given to each member entitled to vote on said amendment and to each
officer and trustee regardless of his voting rights, and that said
resolution and said amendment were duly passed and adopted by said
members of said Association, 1109 voting "Yes" thereon and 5 voting
"No" thereon.
Secretary of
Teachers' Retirement Fund Association
4a`* .1"
isig7
DOHERTY, RUMBLE & BUTLER
MICHAEL J.DOHERTY ATTORNEYS AT LAW
WILFRID E_RUMBLE
PIERCE BUTLER
FRANCIS D.BUTLER 1006 FIRST NATIONAL BANK BUILDING TELEPHONE
EDGAR G.VAUGHAN
CAPITAL 4-3813
J.C_FOOTE
RICHARD J_LEONARD SAINT PAUL 1, MINNESOTA
IRVING CLARK
HAROLD JORDAN
THEOPHIL RUSTERHOLZ
FRANK CLAYBOURNE
PIERCE BUTLER,II January anuary 14, 1958
JOHN L_HANNAFORD
ANDREW G.SCOTT
JOSEPH M.FINLEY
HENRY D.FLASCH
EUGENE M_WARLICH
TIMOTHY J.HALLORAN
W. Bernard T. Holland, Commissioner
Department of Parks, Playgrounds and
Public Buildings
City Hall and Court House
Saint Paul 2, Minnesota
Dear Sir:
At a special meeting of the members of Teachers' Retirement
Fund Association held last November thirteenth, an amendment of the
By-laws was adopted, which, we understand, has also been approved by
the City Council of the City of Saint Paul. The By-laws give to certain
members entitled to retire the privilege of electing an optional form
of pension which provides for the payment of a reduced pension to the
retiring member and, after the member's death, to a beneficiary desig-
nated by the member. The By-laws refer to this survivorship form of
pension as a "reversionary" form of pension.
Prior to the amendment adopted last November thirteenth, a
member who wished to have a reversionary form of pension could make his
election at any time to and including the date of his retirement. One of
the amendments adopted on November thirteenth required a member desiring
to elect a reversionary form of pension to give a written notice one year
or more in advance of the date of his retirement. The purpose of the
notice requirement was to prevent "deathbed elections", of which there had
been several. However, it has been observed that the amendment requiring
one year's notice makes it literally impossible for a member retiring in
the calendar year 1958 to make an effective election of a reversionary
pension since it is now too late to give one year's notice. Such a
result not only seems inequitable, but might furnish the basis for litigation
against the Association by a member claiming the right to a reversionary
pension and claiming that the adoption of the one year requirement was
unreasonable as to a member retiring in the year 1958.
it
DOHERTY, RUMBLE & BUTLER - 2 -
For the foregoing reasons it has been proposed that the members
adopt a further amendment of the By-laws dispensing with the one year's
notice requirement in the case of any member retiring in the year 1958.
Thereafter, of course, the one year's notice will have to be given.
The purpose of this letter is merely to inform you that this
remedial amendment has been proposed and will be considered by the
teachers at their annual meeting on January sixteenth, and that if this
amendment is adopted at the annual meeting, the approval of the City
Council will be requested. Since the amendment is remedial and non-
controversial, it is hoped that such approval will be granted.
Very truly yours,
DOHERTY, RUMBLE & BUTLER
By
TR:pam
. OFFICE OF THE COMMISSIONER OF FINANCE
�/ St. Paul, Minn., December 20 19 57
Pursuant to Section 5 as amended, of the Building Zone Ordinance adopted
by the Council of the CitL of St. Paul, July 7th, 1922, you are hereby notified
that the application. of Texas Company to remodel or reconstruct
REAPIVIEVCPRAIRWS filling station located Pr on west side of Rice
St. between Edmund and Como, on Lots 1, 2 and 3, Block 1,
Magoffin and reckenridge's Addition,
will come up for consideration before_the Council in the Council Chamber in
the City Hall and Court House Buiiriimj on the
2nd daI4
of January: , I? 58 at 10 o'clock A. M.
Page File 13947 Commissioner of Finance.
n
The City Charter requires this Notice be sent from the Department of Finance.