Ronorabls John F. Rudd
Aotlng Dlreotor
Teeoher Retirement System of Texas
Austin, Texas
Dear sr : O~lhion No. O-3152
Rer Status of teechcr on learo
of sbsenw.
We have reoeived your letter of AufSust 12, 19bl,
and alao your supplementary letter thereto of September 20,
19bL In your supplementary letter you set out oertein
roots relating to three iudlvlduala, and you are mm
oonoerned nfth their stetua. We quote from suoh letter
a6 follmar
"1. Pm. hTyrtle Gray WEM re-el~eetedas
a teacher In the Fort Worth Public Schools ior
the sehool year 1937-38 st a regulsr aeet~ng
of the Board oi Education of the Fort Worth
Independent %haol Distriot held ou June 4,
1937. Em amtraet was for a term of apt)
g;tar&-g: E; :::&+za,:n%%?
de& &ring the early pert of June, 1937, end
wea tumble to ramme her sohool work. Under
the xegalstlous gwemfng the Fort Worth
Indep#ndent School Dlstriet, the SuperLntendent
of Schools has been authorized to grant leave
of absence on aooount of serious illness. The
Fort Worth F?uperintendentstates that he had
hoped that she would reamer an8 resume h6r
uork some time during the 1937-38 iaoh.001 year,
and that e oubstltute teaoher was asalgned to
hex poaltlon end the poeltion held ror her in
case ahe was able to teaoh letor. The Port Worth
Superintendent advised us further aa tallows:
'At the be+#nIlingof 1938-39, m-8. Gray
was still unable to resume her school
work. ??owever, under the regol8tion3
authorixlw tho superintandent to pant
lame of absence to e tesoher because of
serious illness, Km. Qrrnywac considered
. .
as a lesve of absenae teacher. In CBS8 of
prolonged Illness, it has bean customary
to aontinue the grant of laave of absence
for a pd0a of more than one ycsr, if
there Is a probability that .ateacher may
;;;;r=return to eerviae~within the school
Since Mrs. Gray was unable to
wr%te Loause of the nature of her injury,
applioatlon ror leave of absance was not
required in her oase. Beaause of my
D~rsonal knowledge of her physioul aondi-
tion, lrnve of ebscpnaeWES extended.'
L&a, Gray wns employed in the Fort 'Corth~ohools in
the 1339-13&O ond the 19bO-19Ll school yesrs as a
rttsiorve
teacher at a salary of $631.80 per year.
"2. Haa Bartha Graham waa given a taaahar*a
contract for the school.term 1937-38 a8 a teacher
in the publio schools of Delhart under d,r:teof
‘by 4, 1937. Under date of Kay 14, 1937, i&se
Graham acoepted and signed the oontraot. At a
meetlny,of the Board of Truetees of tCe Dalhart
Tub110 rahools held on irumet 20, 1937, MEies Gsim
was granta? a leave of absence for one year. *
Graham advises UB:
'1 had no oontrect for later years, as 1,
was uneble to return to work on eoaount of
my health. Bowaver, I was aerrlcd as a
teaoher on leave of absenoe and could'have
returned to work at any time, had i been able.*
"3. Gn Septambar lb, 1937, the Dallas Board
of Eau08ti0n paasea the r0n0wing lnotiont
*that Was Anne Kagser ba re-eleoted as e
teacher in,the elemantarg schools at a
salary of @!,OOO.OO par school year of nina
months, and that ahe be allowed a leave of
abaenee for the session 1937-38 on eocount
of har health.'
Under date of septambar 29, 1937, #ins hnne Kayser
exaouted e aontract, oopy of whlah is attached
hereto. Under date ~of August 30, 1938, the Dellas
Board of Education pessad tha tollowlug motion:
'The election of the followinK teachers
was held up at the regular election in
June, on aocount .of failure to nest oer-
teln requfrements. These requirements
have now been met, end I reoomen8 that
they be re-elected.
Falary Inoreasa
I:hl.te
'Jlemantaq 1937-38 1938-39
. . . . . ..
Yeyser, Anne $2000.00 ": '
Under date of C:eptembar13 1938, the Dallas Board
Of T..du.ontion foiloY.4nf?
psz.sebtit-0 motion:
*that the resignation of Anne Kagser be ao-
ueptecl,am3 thet S special teacher be :
authorized for City i'arkrchool at a
salary of $100.00 per sahool month.'"
We how return to your first letter to get the
whhlchthe Teaaher Retirement tbstrUdesires
?uch questions read as followet
"1. In the event the individual furnished
sstisfsatory Fvldence to the effect that such
individual waa prevented from returniug to
active smvlae beceuse of physioel oohditiou,
would the Boerd of Trustees be oarryihg out
the intent of the Retirement Law and would they
be aotlri within the llmitetions imposed by
the law on the Board of Trustees ti they ruled
that the individual hsd established nxmbership
In the Teaaher Retirement ~yntars,was entitled
to oredit for prior servioe, and ~8 eligible
to reeelve benafits in aoaordanoa with end
subjeot to the provisions of Eectlon 5 of the
Teeoher Rstiremant IRW?
“2. In the event the individual furnished
satisfaatory evidence to the effect that such
lndlvldoal was prevented from returning to
aotive aerviae beoauss of p47ysic81condition,
would the Board of Trustees be carrying out
the intent of the Retirement Iaw and would they
be eating v&thin the limitetiona imposed by t&e
law on the Board of Puatees if they ruled that
the meaber had not establlahed oredit for prior
seniee and refused to fasue a prior service
aertifioate to the indiri&alO
“3. In the event the individual cannot
furnish satistaotory evidenoe to the effect
thet saeh indlvldual wa8 prevented from re-
turning to,aative E6rVi06 because of phyS%O.oSl
oondltion, would the Board of Trustees be
oarrging out the Intent of the fietlrementLew
and *wouldthey be aotinp within the ~bitetions
imposed by the law on the Board of Trustees %f
they ruled that the indivitluslhad established
membership in the Teacher Iietirelaent
system, wae
entitled to aredtt for prior service, snd wae
ellglble to receive benefits in accosdanoe with
and subject to ths provieiomi of Section 5 of the
Teacher Ratirement Law?
“4. In the event tt;eindividual o~nnot
furnish sstisfaotory evidence to the effsat
that suoh individual WRB prevented from return-
ing to ective service beosuse of physinal aondi-~
tion, woultithe Hoard of Trustees be carrying
out the intent of the Retirement LBw and would
they be aoting within the lirai?.etionaimposed
by the law on the board of Trustees if they ruled
that the member had uot established credit for
prior service and refused to Issue B prior
serviae oertificate to the individualY'1
. .
"Teeaher" la defined 3y t7ectfon1 of the Teacher
Retirwnt Act (4rtiCle 2?22-1, Vernon's Imnotated.Citil
Ct;fitutes)
IJSfolloEs:
“(3) 'Teticher'shall mean a person employe&
~OLIa ruin time, regular salary bar%- by SoarC?
of OQLQEIOLI
sohoG dlstriets, boards of independent
sahool distrlotti,county sohoG boards, Retire+
sent Boerd of Trustees, Ftate kxrd of rXiuostlon
end State Department of Rduoation, bosrds of
regents of colleges nnd unlversitle6, and any
other legally COn8titUted board or cX3?nCyOf an
educational institution or organization supported
vrhollyor pertly 3y the Yxte. In all cases of
doubt, :he Retirement hard of Trusteer, herein-
after defined, shall determine whether 5 person
is 6 teether 88 tiefinedin this Act. A teacher
ahall mean a person renc:er& service to organized
putl.iceducation in professional a:~?buslneas
admfnistration ane supcrvlsion~and in instruction,
l.npublic SOhoolS a5 E,efincdin C'ubsectiOn(2)
of thin %ction."
Zubseotlon 1 of Pection 3 of the Aot reads as
fclloW!4:
"(I) All personr who are teachers on the date
as of whioh the Retirement bystem ir established
s&13. beoomc members 86 of that date as a
condition of their employment unl,e.~swithin
a period of ninety (90) deys :~:fterrentamber 1,
1937, any suoh teeoher shell file rith the
F?tateRosrd of Trtieteeson a form preecribed
by such Boerd, e notice of hie el-cctlonnot
to be covered In the membership of the zgmtem
and a duly exsouted. waiver of all present end
nrospeotive benefits whloh would otherwise
hir8 ,to him on aOOOMt of his pHrtiCipatiQn
in the Retirement Gystem."
We quote Suboeotion 1 of ?eotion 4?
**(l)Under such ruler and regukttions
OS the ftete Board of T'rur,tees s1;alladopt eaoh
person who wes a teaoher, ad defined in this net,
et any tLsledurioe the year Lmmcdlatelg pre-
the ent8blieha\ent
oedi.n,c of the ~yctern,and who
beaonen 8 menrbfzr during the first year of opera-
tion of the RetireEtent!$X'tem,Or Wh.GIS R member
at the beginning of the Eohool yaar 1937-1938,
shall file a detailed nthtement of all Texas
service, ac a teacher, rendered by him prior to
the date of establishment of the Retirement
?y:rtemfor xhioh he cleiFi5 oredit."
se@ under the terms of the statute that
Thue, x'f?
those persons who were tsaohers on !;hedate of eatebU.shmemt
of the Teaoher Retirement System became mambers thereof (IS
of that date, unls::sthcspeoifled notice snd waiver Were
rile. liemust therefore determine who were teaohers on
the date Gf establishxent of the Teacher 1:etirementSystWlL
_ .._.,.~_ . .,_-_. __“_ _
.
The Teacher Retirement System WSS establlahsd oa
July 1, 1937. ?<