OFFICEOFTHEATTORNEY GENERALOFTEXAS
AUSTIN
GROVER SELLERS
ATTORHE” GENERAL
;.
.
Mrs. B. B, Saps,
Director & F,xccutiveSecretary
Teacher Retirenest System of Jexas
Austin, Texas
,
Dear &dam: OplnlionIJo.O-7155
Rer -Constructionof
Acts 3.343, k8
with roferznce
permakently ret
nay teach lnte
ing the war e
,.
wn House Bill 602 teachers who had accepted
retirement annuity on and prior to August 3Lat
Vera glvcn tho privilege of returiIingto the
: ms. B. R. Sapp - page 2
teaching profession durirtgthe World War conflict,,
comonly knom as World Var II, and for twelve
nonthn thcrzafter. Aunuity payments wore to be
suspendedduring the tine that the said member ;L,
waa engaS8d in taachmg, but when the said nonber '.
again accepted retirenont annuity, said annuity
vaa to be the same as that established on or beftire
August 31, 1942.
"This~officehas interpreted the law to
'meanthat a teachdr who accepted retirement annuity
on or before August 31, 3942 could.raturn to tha
'. tea@ professionbut when they aga:aLna&cd for
,'thci&I?~etirencntannuity, th8y would fro,nthat data
on.<$ccons:dorcdas teachor who had actually re'
.tiredafter August 31, 1942.
: ,...,
;.
%e now have a case of Ada A. Iiarcling
vho retsred prior to August 31, 1942.a.M returned to
the teachingsprofession August 31, 1944. She aga2n
31, 1945 and her rotironcnt cJlnui.tg
retired t:Iay was
paid to her. Sinehas now again rc-entcrcd the
teaching professionJanuary 1, 19&G and asked that
v8 again suspend her annuity payr~ents.
.#I
Can a teacher So ti'and out of the teaching
protossionduring th8 psriod prcec.rlbed,or arc they
consldcrodporzanently rotZ.redwh8n they ask for :
their annuity the second tiae?"
Section 3, If.R. 602; Act8 19&3,'~&.h Legislature of
kas, R. S,, reads as Sollo~rs:
%c* 3. That Subsection 1 of Section 5
of Senato Dill No. 47, Acts of th8 Forty-fifth
Legislature,Regular Session, a8 axended by House
Bill no, 1016, Acts of th8 Party-seventh Legfclatura,
R8gular Session, be snd the sake 1s horcby annnded
00 as to h8raaftcr rcaQ as follo~o: :
/ (I
1. Service Retir8mcnt Benefits. m .
f "Any member nay ratire upori vritten
applicationto th8 Stato Board of Trustees. Retlrensnt
ehallbo effective cs of th8 ond of the school year then
1 current,provldod that tho said nonber at the tin8 oo
1 .
i
&a. 8. B. Sap$ ; Pago 3
. speclfiddfor Ne retiremnt shall have attained
~ the age of sixty 60) years end shall h&v.ecoil’
pletcd twenty (20I or mope years of creditable
8ervice,sac9provided fkrther t&A no retirennnt
shall bs cffectivo prior to August 31, 191&l;;, Any
&mnber in service who has nttsined th3 ase'o? '
8Qventy (70) years shall be rotfred forthwtth,
provided that with the approval of his mployar
he nay rermin in service. Any member who has
.- accepted servlco retirement shall be -1neliyFbla
and dlequslF%ed to resume and/or continue
teaching S.nthe public schools of Texas, and ’
also .sliall
be inoll&ible and disqualified to ba
.’ otherviseemployed 5s a teacher uudcr this Act;
provided, however, that Purin3 the praoent world con-
flict, comouly called World Mar II,' and for a period
i’ of twelve (12) months thereafter,’a rstirea 123r~bber vho
retired August 31, I 42,,and prior thereto (and only
such retired members3 , shall not be ineli3lble and
disqualifiedas above stated but may be cnployed as.
a teacher under the terms of thZs Act; provideb,
hovcver, that du~9.11~said time that a retired
. tssmbcris so ex@oyed, ret~rcmont benefit pzy.gnants
that would othcrzfsc have becn paid to said r;ler&mr
shall be suependea and ehall be raaumd again when
said nmber leaves said cnployaent pcrmncntly;
providedfkther that dul*in3tho t;inothat said
retired teacher member io emplogcd a5 a tecchcr, es
above specified aud lfmitcd, no retlrel;;ent deductions
shall be made frm his mlnry, aad the retiremet
benefits that .are paid to aoLd retired mcmbc~ after
the benefits are a3aLn reeumd shall be In the oa!m
amount as wcra peld on the ori3im.l retlrcmnt;
provided that if a roti?& mmber returns to teaching
as above outlined, dur*In&the tins he is so tenchin3,
both the mnboroh~p annuity ps.yinent and the p??Los
sorvico e.rmuI.ty
pament, to which said retired me:.9zr
would have been entitled if ho had not so rctumod to
tcncNn3, shall be transfcrrcd to the State ikmber-
ship Accumlotlon Puud; provided furthe??t?iatif a
rctirad m&m.+ who olocted to r-y~?lvc an C%nulty
in a guaranteedpsynent for a certain nullberof
years after ratircmnt returns to teachin as nbova
apecificd,tho titr,c 80 spent tcaChinC: by :iv.ch
ro-
tired neubcr aftor the inItfol 01’o~iglual retironcnt
ohall co~mt as tim? wM.hIn said certain nLu!bcrof
years the mum as tf cald rctirod mt;ibcshad not re-
turned to teaching; provided furthsr that my rctilaed.
nmbbos who ncccpts onploymcnt as a teacher, except in
the prcscnt worid conflict end for tvclvc (12) ncuthc
.
I- :?, 707
thereafter, as above spsclfied, shall forfeit all
rights as a tistirocl
teacher snclany and all claims
to any retirementbenefits under this Act: provlced
further that every retired member is charsed with
the knowledge of all these provisions and by re-
tumiri to teaching shall be deemed to have accoptcd
the 8e.xio."
It is our opinion that the present wsr has not yet
legally concludedand cannot bs consldoreci a8 concluded In ~ths
legal sense even though actual hoatilitles are at an end. It
is our further opinion that the prosont war will not be offl-
&ally and legally concluded until the Congress of the United
states, or the President~by authority of Comress, formally .
proclaimsthe termination or oonclusion thereof. See Opition
No, 0-6i%7 of this departmant, a copy of which is enclosed for
your Information.
In answer to your first question, it is our
opinion that the rotirad teochcrs inqu3zaciabout may remain in
the teachFng profession until the prosent war is legally concluded
se outlined in the pnragrsph next above, .endfor 12 mo:Ghs
thercaftor,as provided in Cjeotlon3 of W. 8. 602, nupra.
With reference to your eecoi~cl question, it Lo.clear
that under the facts stated the teacher in question was already
‘nermancntlyrc.ttred”prior to Au,=& 31, 1942,and it w&3 only
throughI!.B. @2zupra, that she was entitled, as an cxcapt;lon
to the general Teachers Retirement Law to teach Ourins World
War II and 12 months thereafter. It Is our opinion that the
dotinantpurpose of the above exception in H. B. 602, aupra, wqn
to allow permanentlyretired teachers to ngain enter the teaching
professiondur’lz the war period (and 12 months thereafter) in
i order to relieve the tonchor shortage in our publlicschools,
Answering your second question, it is thoreforo
Our opinion that the retlrcd tcnchors in question c&z go In
and out of the teaching profession, at.thclr option, until the
Presentwar is officially and lc~clly concluded, and 12 months
thsn-after,and that such teachers do not forfeit the right to
teachduring such porlod merely bece.usol&y have bnen pnld
~‘otirementannuities during a period of time in which ouch
ts6chors.worenot trschinz as outlined in your letter. St
sccnoclear to us that the Legislatura contei?plnted thst during
the wnr emergency that pormnnently rotircd tenchors should be
allowedto teach at ouch tines as they could be needed to
M~CVC the teacher ehort.nSeand the Leg.Lslaturo did not Intend
#ro. 8, 8, Sapp - Page 5
to bar such teachers fron teaching intetittently during such
period if they were not employed continuouslyna teachers during
the perLo&. In other words, WQ think such retired teachers
are entitled to teach during all or any part or parts of such
war period and 12 months thereafter,as long as there is a
dem~and for thoir service&. I
Very truly yours.
Untitled Texas Attorney General Opinion
Combined Opinion