Terms Used In Minnesota Statutes > Chapter 354 - Teachers Retirement

• Accumulated deductions: means the total of the sums deducted from the salary of a member and the total amount of assessments paid by a member in lieu of such deductions, credited to the member's individual fund, less amounts paid to the member or any person in the member's behalf in the form of refundments, annuity payments or benefit payments and less any other amounts deducted pursuant to law. See Minnesota Statutes 354.05
• Actuarial equivalent: means the condition of one annuity or benefit having an equal actuarial present value as another annuity or benefit, determined as of a given date with each actuarial present value based on the appropriate mortality table adopted by the board of trustees based on the experience of the association as recommended by the actuary retained under section 356. See Minnesota Statutes 354.05
• Adult: means an individual 18 years of age or older. See Minnesota Statutes 645.451
• Agency: has the meaning given in section 256P. See Minnesota Statutes 256J.08
• Allowable service: means :

  (1) any service rendered by a teacher for any calendar month when the member receives salary from which deductions are made, deposited and credited in the fund;

  (2) any service rendered by a person for any calendar month where payments in lieu of salary deductions are made, deposited and credited into the fund as provided in Minnesota Statutes 1980, section 354. See Minnesota Statutes 354.05

• Amortization: Paying off a loan by regular installments.
• Annual base salary: means :

  (1) for an independent school district or educational cooperative, the lowest full-time Bachelor of Arts (BA) base contract salary for the previous fiscal year for that employing unit;

  (2) for a charter school, the lowest starting annual salary for a full-time teacher employed during the previous fiscal year for that employing unit; and

  (3) for a state agency or professional organization, the lowest starting annual salary for a full-time Teachers Retirement Association covered position for the previous fiscal year for that employing unit. See Minnesota Statutes 354.05

• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Annuity: means a retirement annuity, optional survivors annuity, or spouses annuity. See Minnesota Statutes 354.05
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Applicant: means a person who has submitted to a county agency an application and whose application has not been acted upon, denied, or voluntarily withdrawn. See Minnesota Statutes 256J.08
• Application: means the submission by or on behalf of a family to a county agency of a completed, signed, and dated form, prescribed by the commissioner, that indicates the desire to receive assistance. See Minnesota Statutes 256J.08
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Approved actuary: means an actuary who meets the definition in section 356. See Minnesota Statutes 354.05
• APRN: means an individual licensed as an advanced practice registered nurse by the Board of Nursing as defined in section 148. See Minnesota Statutes 354.05
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Association: means the combined membership of all teachers who qualify and participate in the retirement program provided for in this chapter. See Minnesota Statutes 354.05
• Basic member: means any teacher not covered by any agreement or modification made between the state and the Secretary of Health, Education and Welfare. See Minnesota Statutes 354.05
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Benefit: means an allowance paid or payable by the association to a surviving dependent spouse or a dependent child which is a fixed amount and also includes an allowance paid or payable by the association to a member or former member who is permanently and totally disabled. See Minnesota Statutes 354.05
• board: means the board of trustees of the Teachers Retirement Association. See Minnesota Statutes 354.05
• Caregiver: means a minor child's birth or adoptive parent or parents and stepparent who live in the home with the minor child. See Minnesota Statutes 256J.08
• children: includes children by birth or adoption;

  (9) "day" comprises the time from midnight to the next midnight;

  (10) "fiscal year" means the year by or for which accounts are reckoned;

  (11) "hereafter" means a reference to the time after the time when the law containing such word takes effect;

  (12) "heretofore" means a reference to the time previous to the time when the law containing such word takes effect;

  (13) "judicial sale" means a sale conducted by an officer or person authorized for the purpose by some competent tribunal;

  (14) "minor" means an individual under the age of 18 years;

  (15) "money" means lawful money of the United States;

  (16) "night time" means the time from sunset to sunrise;

  (17) "non compos mentis" refers to an individual of unsound mind;

  (18) "notary" means a notary public;

  (19) "now" in any provision of a law referring to other laws in force, or to persons in office, or to any facts or circumstances as existing, relates to the laws in force, or to the persons in office, or to the facts or circumstances existing, respectively, on the effective date of such provision;

  (20) "verified" when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45

• Commissioner: means the commissioner of human services or the commissioner's designated representative. See Minnesota Statutes 256J.08
• Common disaster: A sudden and extraordinary misfortune that brings about the simultaneous or near-simultaneous deaths of two or more associated persons, such as husband and wife.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Coordinated member: means any teacher covered by any agreement or modification made between the state and the Secretary of Health, Education and Welfare, making the provisions of the federal Old Age, Survivors and Disability Insurance Act applicable to such member. See Minnesota Statutes 354.05
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Countable income: means earned and unearned income that is described in section 256P. See Minnesota Statutes 256J.08
• County agency: means the agency designated by the county board to implement financial assistance for current programs and for MFIP and the agency responsible for enforcement of child support collection, and a county or multicounty agency that is authorized under sections 393. See Minnesota Statutes 256J.08
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Date of application: has the meaning given in section 256P. See Minnesota Statutes 256J.08
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the Minnesota Department of Human Services. See Minnesota Statutes 256J.08
• Dependent: A person dependent for support upon another.
• Dependent child: means a biological or adopted child of a deceased member who has not reached the age of 18, or who is under age 22 and is a full-time student throughout the normal school year, unmarried and dependent for more than one-half of support upon the member. See Minnesota Statutes 354.05
• Designated beneficiary: means the person, trust, or organization designated by a retiree or member to receive the benefits to which a beneficiary is entitled under this chapter. See Minnesota Statutes 354.05
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Disqualified: means being ineligible to receive MFIP due to noncooperation with program requirements. See Minnesota Statutes 256J.08
• Documentation: means a written statement or record that substantiates or validates an assertion made by a person or an action taken by a person, agency, or entity. See Minnesota Statutes 256J.08
• DWP: has the meaning given in section 256J. See Minnesota Statutes 256J.08
• Earned income: has the meaning given in section 256P. See Minnesota Statutes 256J.08
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Family: includes :

  (1) the following individuals who live together: a minor child or a group of minor children related to each other as siblings, half siblings, stepsiblings, or adoptive siblings, together with their natural, adoptive parents, stepparents, or caregiver as defined in subdivision 11; and

  (2) a pregnant woman with no other children. See Minnesota Statutes 256J.08

• Family violence: means the following, if committed against a family or household member by a family or household member:

  (1) physical harm, bodily injury, or assault;

  (2) the infliction of fear of imminent physical harm, bodily injury, or assault; or

  (3) terroristic threats, within the meaning of section 609. See Minnesota Statutes 256J.08

• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Former spouse: means a person who is no longer a spouse of a member due to dissolution of the marriage, legal separation, or annulment. See Minnesota Statutes 354.05
• Formula program: means a retirement program which provides benefits based on certain percentages multiplied by the years of service and average salary of a member as described in section 354. See Minnesota Statutes 354.05
• Formula service credit: means any allowable service credit as defined in subdivision 13 except:

  (1) any service rendered for which contributions were not made in full as determined by the ratio between the amounts of money credited to the teacher's account in a fiscal year and the retirement contribution payable for the fiscal year under sections 354. See Minnesota Statutes 354.05

• Fraud: Intentional deception resulting in injury to another.
• fund: means the teachers retirement fund referred to in this chapter. See Minnesota Statutes 354.05
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• hearing: means the evidentiary hearing conducted by the department human services judge to resolve disputes as specified in section 256J. See Minnesota Statutes 256J.08
• Holiday: includes New Year's Day, January 1; Martin Luther King's Birthday, the third Monday in January; Washington's and Lincoln's Birthday, the third Monday in February; Memorial Day, the last Monday in May; Juneteenth, June 19; Independence Day, July 4; Labor Day, the first Monday in September; Indigenous Peoples Day, the second Monday in October; Veterans Day, November 11; Thanksgiving Day, the fourth Thursday in November; and Christmas Day, December 25; provided, when New Year's Day, January 1; or Juneteenth, June 19; or Independence Day, July 4; or Veterans Day, November 11; or Christmas Day, December 25; falls on Sunday, the following day shall be a holiday and, provided, when New Year's Day, January 1; or Juneteenth, June 19; or Independence Day, July 4; or Veterans Day, November 11; or Christmas Day, December 25; falls on Saturday, the preceding day shall be a holiday. See Minnesota Statutes 645.44
• Home: means the primary place of residence used by a person as the base for day-to-day living and does not include locations used as mail drops. See Minnesota Statutes 256J.08
• Household: means a group of persons who live together. See Minnesota Statutes 256J.08
• Income: means cash or in-kind benefit, whether earned or unearned, received by or available to an applicant or participant that is not property under section 256P. See Minnesota Statutes 256J.08
• indefinite duration: is a period of at least one year. See Minnesota Statutes 354.05
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Member of the association: means every teacher who contributes to the teachers retirement fund as provided in this chapter who has not retired, or a teacher who exercises an option to elect coverage under another public pension plan enumerated in section 356. See Minnesota Statutes 354.05
• MFIP: means the assistance program authorized in this chapter. See Minnesota Statutes 256J.08
• Minor: means an individual under the age of 18. See Minnesota Statutes 645.451
• Minor child: means a child who is living in the same home of a parent or other caregiver, is not the parent of a child in the home, and is either less than 18 years of age or is under the age of 19 years and is a full-time student in a secondary school or pursuing a full-time secondary level course of vocational or technical training designed to fit students for gainful employment. See Minnesota Statutes 256J.08
• Month: means a calendar month and "year" means a calendar year, unless otherwise expressed; and "year" is equivalent to the expression "year of our Lord. See Minnesota Statutes 645.44
• Normal retirement age: means age 65 for a person who first became a member of the association or a member of a pension fund listed in section 356. See Minnesota Statutes 354.05
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Optional survivors annuity: means the payments made by the association to a survivor of a former member pursuant to an optional annuity form selected by such member at or before retirement which varies in amount depending primarily upon both employee and employer contributions made by and in behalf of the particular member. See Minnesota Statutes 354.05
• Overpayment: means the portion of an assistance payment issued by the county agency that is greater than the amount for which the assistance unit is eligible. See Minnesota Statutes 256J.08
• Parent: means a child's biological or adoptive parent who is legally obligated to support that child. See Minnesota Statutes 256J.08
• Participant: includes any of the following:

  (1) a person who is currently receiving cash assistance or the food portion available through MFIP;

  (2) a person who withdraws a cash or food assistance payment by electronic transfer or receives and cashes an MFIP assistance check or food coupons and is subsequently determined to be ineligible for assistance for that period of time is a participant, regardless whether that assistance is repaid;

  (3) the caregiver relative and the minor child whose needs are included in the assistance payment;

  (4) a person in an assistance unit who does not receive a cash and food assistance payment because the case has been suspended from MFIP; and

  (5) a person who receives cash payments under family stabilization services under section 256J. See Minnesota Statutes 256J.08

• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Payment month: means the calendar month for which the assistance payment is paid. See Minnesota Statutes 256J.08
• Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
• Person trained in domestic violence: means an individual who works for an organization that is designated by the Minnesota Center for Crime Victims Services as providing services to victims of domestic violence, or a county staff person who has received similar specialized training, and includes any other person or organization designated by a qualifying organization under this section. See Minnesota Statutes 256J.08
• Personal property: All property that is not real property.
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Probate: Proving a will
• Prospective budgeting: has the meaning given in section 256P. See Minnesota Statutes 256J.08
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Recoupment: means the action of the county agency to reduce a family's monthly assistance payment to recover overpayments caused by client or agency error and overpayments received while an appeal is pending. See Minnesota Statutes 256J.08
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Retirement: means the withdrawal of a member from active teaching service who is paid a retirement annuity thereafter and commences with the date designated by the retirement board when the retirement annuity first accrues to the former member after withdrawal from active teaching service and application for an annuity under section 354. See Minnesota Statutes 354.05
• Retirement annuity: means the payments made by the association to a former member after retirement. See Minnesota Statutes 354.05
• salary: means the periodic compensation, upon which member contributions are required before deductions for deferred compensation, supplemental retirement plans, or other voluntary salary reduction programs. See Minnesota Statutes 354.05
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
• Surviving spouse: means the spouse of a deceased member or a disabilitant who was legally married to the member at the time of death. See Minnesota Statutes 354.05
• Tax: means any fee, charge, exaction, or assessment imposed by a governmental entity on an individual, person, entity, transaction, good, service, or other thing. See Minnesota Statutes 645.44
• Teacher: means :

  (1) a person who renders service as a teacher, supervisor, principal, superintendent, librarian, nurse, counselor, social worker, therapist, or psychologist in:

  (i) a public school of the state other than in Independent School District No. See Minnesota Statutes 354.05

• teaching: includes the service performed by any person coming within the definition of "teacher" as set forth in subdivision 2. See Minnesota Statutes 354.05
• Termination of teaching service: means the withdrawal of a member from active teaching service by resignation or the termination of the member's teaching contract by the employer. See Minnesota Statutes 354.05
• Total and permanent disability: means the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to be of long continued and indefinite duration. See Minnesota Statutes 354.05
• Transitional standard: means the basic standard for a family without earned income and is a combination of the cash portion and food portion as specified in section 256J. See Minnesota Statutes 256J.08
• Trustee: A person or institution holding and administering property in trust.
• Unearned income: has the meaning given in section 256P. See Minnesota Statutes 256J.08
• Vendor: means a provider of goods or services. See Minnesota Statutes 256J.08
• Vendor payment: means a payment authorized by a county agency to a vendor. See Minnesota Statutes 256J.08
• Venue: The geographical location in which a case is tried.
• Verification: means the process a county agency uses to establish the accuracy or completeness of information from an applicant, participant, third party, or other source as that information relates to program eligibility or an assistance payment. See Minnesota Statutes 256J.08
• verified: when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45