Hon. Hall H, Logan, Chairman Opinion Ro, V-3&?
‘State Board of Control
Austin, Texas Be: whether enlpla~4iir
seventy ye%re of
age or over io
state semi00 oa
SQtember 1, 3.947,
must withdraw frm
State eenioQ au a
conditloa to cf(gLta
and beneri,ts ab the
Retirement %yrJte&
.bear %ir:
Your letter of July 18, 1947, requests an ,@y&-
iOn 01p the following questions:
ntBhether those employs&e now seventy
,(‘7O) years or over will be required to Nave
.. . state Service to enable them to obtain the
right,s and benefits of the Retirement Sys*.
tern, n
Your question arises under House Bill 'i613, A&a
‘50th Legislature, 1947, Ohapter 352 page 697, settlag up
the Employees Retirement System of 4 exa&
Rmljloyeas seventy years of age and over w$ith
ten or more gears of service on September lp X94”?, tke
date upon wuch the Act beCCU.laS efie,Ctive, and who be-
ooam aetsbera of the System, are governed by the provis-
$ona of Section 30 of the Aot, Its provisions are in
-:’ ,, literal conflict with Section SA, hereinafter referred
to, but since Section 3G only applies to employees over
sixty years or age, with ten years of servYce who %re 2a
service on September 1, 1947, it will oontrol, as a ape,-
oial provision, over the more general provisions off %ee-
tfon 5A. Section 30 provides:
vdxiy em loyee who has attained the age
of sixty (60 P years and has had ten (10) or
more years of service when this Act becomes
‘,.
Xo& hall P, Logan, Page 2, V-342,
effective, and who elects to become a membar
of the System, may remain in the Statess ser+
vice past the age of sixty-five (65) years ’
as long as he is oapable of serving the State
efficiently in. any position in which he is em-
lo ed, but upon attaining the age of seventy
‘I,70 s years such employee shall cease to be a
participating member of the Retirement System
and shall, become ineligible to reoeive any bsne-
fits from the System except such benefits to
which he would have been lawfully entitled if
he had retired at the age of seventy (70) yeara)
provided ) however 3 no person shall ever become
e11gibla for a service retirement allowance un-
tiJ, he has actually retired from the State’s
servtoe L”
‘ff~ dearly appears from the foregoing provj,#,+
,&as that such an employee is not’ required to lea~va the
service in order to obtain the benefits of the Act w&en ,,
he Later ,retiress
As to those employees sevpnt,y yesre of age a&d
ovarwith less than ten years of service, who beaome merem*
berg, S@d,c@ Zjg~~pro~Sdsa. that. %o member shall be en-
t$ta$ad~~‘to a ~re~tir$me~~~ e2Uwsn~oe @Ml he has aosuukulb$$&
tati jlOj’ ,or more years of creditable servioe in. ‘&zes $
Pro~islor# tax oth6.r benetits~ Unde.r the AMA a&so S g$,,.
ten ~yeafa of eervEce, Such an employee me~mbar w&
therefore. qualif for benefsts should he parmsfi i9#t&e
the Statev’e fgexv?;oe~b He may qualify’ for benefits OU%$ $C
ha ooapletes the required ten yes&s ot serviato % 4w.p $0
is prevented, bsoause of his age s from continrz ns, h st$~
vise and rrom accumulating creditable service by other
provisions of the l.aw+
Se~tkoion 5A appears to a ‘ply to all, other mem-
hers seventy years of ages Xnclud Png those already in
tha servile. of: the SGaW en September L3 194?+ wZbiz ~LMB
bhan ten yearP of servioe, on that date, xt ptov$dee in
partn
.
ftis noted that this provision requires @rsr
tireEls4t"r How89er) if nretirementn mey not 'be aocciu-
p Whsd
,. under the Aot as to such person, th,is provislom
s sot deemed to apply to such person until auoh ti,gne
ap,it:is,LegakXy possible, under the Act for hia to "r@-
tue ,1*
“Retirement” , bp the terns of %&ion 10,
@@hall mean withdrawal frum ser~ioe with a reti,r?el2#r4%
allowa,nce Erasted un,der the pr 0~s of t&3,s,Act: v
&nphmsis' ~suppliad)(" S&We a' ement allo~no~@'~ay
not bs grante:d to a member with 'less than ten .$aaz-s of
or&tsblw ser9i~c,e, retirement cannot be a~csomplishad;
and,~ ths?Wore, though he be o9e.r ae?@nty yea~rs ar e&:8,
&eotQin, 5A wotid not apply ,until such a inember 'has aa-
otunalated auoh tte4 years or sfwriee,,
.
It appears, therefore, that in&ead of quali-;
iyFag a membsr seventy years of age with less tha4 te4
gH~mr*sof @a-vice for benefits under the Retiriamsnt ws;
tam, his leaoig the servioe permanently would preva4t
hL partioigatior+ in the benefits of the Bob.
lbup$ogees 70 years of age or oldelr in
State se&ice on September 1, 194'7, who bei
o:ome members of the Reti~rement System of
Texas, a,nd who on that date, have 10 years
of service with the State, are not corngel
led to retire on that date in order to ob,-
tein the benefits under the System upon latar
retirement,
In order to qualiry rQr benefits under
the Ratiremant Act, employees 70 years o;P
age or older in State service on Ssptambea
li 1947, tmt'with less than 10 years or 8ez*
9168 on that date, muat bsoama members and
must continue in service nnt,il they haV@ 10
years of service,
YOuFS Very truly
ATTORNEY(ZEN&AL OF Tl!X&S,