OFFiCE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
xrs. 5. 5. Sappr -5xsoutivaSecretary
T*aoSer Xrrtir3F?&zt sp3teL~ of Tcx3s
Austin, Texas
mar -xl%.sapp:
of Texas or
3gajcd in worzc
Cl3 8mploying
ceivas rtdmburse-
13 or izaoar%
is employed by boards of
iatricts, boa*ds of independent
co*xntyso~~oolboerda, Ratire-
State Boerd of aducation
cf Ldxcaticn, boezds of
~5 ~xnivarsltias, arideq
otler legally aozistit;ltod
bnkz or a;a%y of en
oduoatiollaal
instiWtion or orSnisation support-
ed wholly or part& by Em Stats, IS teachirz in
any sciioolixatrUting people in prepf3zationfor
2iilitez-y
8ervic8 aid if t'cesalary for 5223said
teaaher ia aompletol~ reksburaed by federal funds,
and said reizhrs~moo~ 13 kbpt lntect for this
pwposa only, is seid teacher elis:iblsror membar-
ship in the Teacher Retirement Systoar of Toares?
l&s. 8. E. Sapp, page $2
"If f%adS received by an Institutionof'
learni& froplfederal sourc~a3end endowments
bacaoe pert of the institution.of lmrnl~~s
bud& doerrthi~poney lose Its identity and
beacme part of the sahool~s money end would e
teacher bea aaid from a bud&et red by tfiese
various aourees be el%gible for TeacLsr Re-
tirementmembsrahip In the State of TenarT*
Seation 3 of tie Aot limlte membership of the Re-
tiremeat System to "teaahers~,"end Subsection 3 of Section 1
defkea tke term ateachar,*as used in tine Act, as r'ollors:
n~Teadx6r~ shall zimn 5 pekn employed
on -a full t&e, regular salary basis by boards
of common school districts, boards of iade-
pendent school districts, county school boards,
Retirement Board of Trustees, State;Board of
Edu&%tion~rhd%a Depart;ment of mucatiOn,
boards of repmts of oolleaee and tiversitlee,
and any other .legallyconstituted board or a-
yenaT of en educationalinstitution or or,gni-
sation supportedwholly or pertly b7 the %tata.
In all cases of doubt, the Retirement Board of
Trustees, hereinefterdefined, shall determine
whether a person is a teacher ns defined in thla
Aat. A taaoher shall meen a person renderi-%
ssrvlce to orgenised publie eduoatlon in pro-
fesa%onel end business,edninistrationand supar-
vision and in instruction,in pub110 schools 9s
defined in Subsection (2) of this Section."
In our Opinion Xo. O-3399 we advised tiiat5 person
who was employed directly by t&e Federal Goverrenent,nhose
salary was paid by the Federal Qovernment, and whose servicea
vere contracted for end eontrolled by a Federal adzncy, wes
not a teacher entitlad to participate In the benefits umber
L-A RetirementAct, althoug?x ha m1Sht be alloaed to zse public
school facilities in the performance of his duties, and al-
though the functions performed related to publio instruction
end education,
i&s. B. 3. Sapps page P3
Conversely, it is our q&don taat if a person is
em31oyea on a full-time,re@l.sr salary basis by