December 29, 1971
Hon. Frank >I. Jackson Opinion No. M-1027
Executive Secretary
Teacher Retirement System Re: Questions relating to the
of Texas Teacher Retirement System
Lowich Building and the Optional Retirement
Austin, Texas 78701 Program.
Dear %r. Jackson:
Your request for an opinion on the above subject matter
reads in part as follows:
“A ‘faculty member’ in an institution of
higher education in Texas elected to go to the
Optional Retirement Program as provided by Title
3, Chapter Sl, Subchapter G of the Texas Edu- ~.
cation Code (S.B. 292, 60th Legislature, 1967).
He later changed to a position, still in an in-
stitution of higher education in Texas, which is
not classified as ‘faculty member’ and became a
member of the Teacher Retirement System as pro-
vided in Attorney General’s Opinion No. bl-647.
This same employee has again been changed to a
position which can be classified as ‘faculty mem-
ber.’ Based on this information we request your
opinion on the following questions.
II1. Is the employee of the institution of
higher education described above required to re-
main in the Teacher Retirement System?
II2. Ifyour answer to Question 1 is in the
negative, mayhe again return to the Optional Re-
tirement Program?
“3. If the answer to Question 2 is in the
affirmative, is he required to return to the
Optional Retirement Program?
-5008-
Hon. Frank M. Jackson, page 2 (M-1027)
“The second situation involves a person who
was employed in an institution of higher education
in Texas as a ‘faculty member’ with an opportunity
made available to him to become a member of the
Optional Retirement Program. This faculty member
did not elect to become a member of the Optional
Retirement Program until the time permitting him
to make such an election had expired. He there-
fore continued to be a member of the Teacher Re-
tirement System. This ‘faculty member’ has now
moved to another institution of higher education
in Texas. We respectfully request your opinion on
the following question.
1,4. Is a ‘faculty member’ whose time for
electing to become a member of the Optional Re-
tirement Program has expired again eligible to
elect to become a member of the Optional Retire-
ment Program as a new employee in another insti-
tution of higher education in Texas?
“The third situation involves the opposite of
the one outlined above. A ‘faculty member’ in an
institution of higher education in Texas elected to
become a member of the Optional Retirement Program.
He has now moved to another institution of higher
education in Texas still as a ‘faculty member.’
The question is.
I,5. Is a ‘faculty member’ who has elected to
become a member of the Optional Retirement Program
eligible to elect to become a member of the Teacher
Retirement System as a new employee of another in-
stitution of higher education in Texas?”
In Attorney General’s Opinion M-647 (1970) the Summary
reads :
“Article 2922-1.03, V.C.S., requires all
persons employed as teachers or auxiliary em-
ployees of an institution of higher education
to be members of Teacher Retirement System of
Texas unless they are members of Optional Re-
tirement Program.
-5009-
. -
Hon. Frank Fl. Jackson, page 3 (M-1027)
“Article 2922-li. V.C.S., provides an Optional
Retirement Program for ‘faculty members’ only as
defined in said statute.
“Former ‘faculty members’ who no longer meet
definition of ‘faculty member’ are required to
rejoin Teacher Retirement System as provided for
under Article 2922-1.03, 2922-1.04 and 2922-2.05
V.C.S. but said former faculty members are not
eligible to receive credit with the Teacher Re-
tirement System of Texas for any service during
which time they were members of the Optional Re-
tirement Program.”
The controlling statute is Section 5 of .Irticle 2922-li,
Vernon’s Civil Statutes, which reads:
“A faculty member (including one SO employed
on the effective date of this Act) \