Case Information
*1 Hon. Hall H, Logan, Chairman Opinion Ro, V-3&?
‘State Board of Control Be: whether enlpla~4iir
Austin, Texas
seventy ye%re of age or over io state SQtember semi00 oa 1, 3.947, must withdraw frm 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
right,s and benefits of the Retirement Sys*.
tern, n 'i613, A&a
Your question arises under House Bill page 697, settlag ‘50th Legislature, 1947, Ohapter 352 up System of 4 the Employees Retirement exa& Rmljloyeas years of age 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- $ona of Section 30 of the Aot, Its provisions are literal conflict with Section hereinafter referred SA, -:’ to, but since Section 3G only applies to employees over
sixty years or age, with ten years of servYce who %re 2a 1, 1947, it will oontrol, as a ape,- oial provision, over the more general off %ee- tfon 5A. Section 30 provides:
vdxiy em loyee who has attained the age of sixty (60 P years and has had ten (10) or more years of service when this Act becomes
‘,.
Xo& hall P, Logan, Page 2, V-342,
effective, who elects to become a membar of the System, may remain in the Statess ser+ ’ vice past the age of sixty-five (65) years as long as he is oapable of serving the State efficiently in. any position in which he is em-
lo ed, but upon attaining the age of seventy ‘I, s 70 years such employee shall cease to be a participating member of the Retirement System and shall, become ineligible to reoeive any bsne- fits from the System except such benefits to which he would have been lawfully entitled if he had retired at the age of seventy (70) yeara) provided ) however 3 no person shall ever become e11gibla for a service allowance un- tiJ, he has actually retired from the State’s servtoe L” appears from the foregoing provj,#,+
‘ff~ dearly ,&as such an employee is not’ required to lea~va the service to obtain of the Act w&en he Later ,retiress to those employees sevpnt,y yesre of age a&d
As ovarwith ten years of service, who beaome merem* berg, S@d,c@ Zjg~~pro~Sdsa. that. %o member shall be en- t$ta$ad~~‘to a ~re~tir$me~~~ e2Uwsn~oe @Ml he has aosuukulb$$& tati jlOj’ ,or more years of creditable servioe in. ‘&zes $ g$,,. Pro~islor# tax oth6.r benetits~ Unde.r the AMA a&so S Such an employee me~mbar ten ~yeafa of eervEce, w& therefore. qualif for benefsts should he parmsfi i9#t&e the Statev’e fgexv?;oe~b He may qualify’ OU%$ $C ha ooapletes 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 by other of the l.aw+
Se~tkoion 5A appears to a ‘ply to all, other mem- P hers years of ages Xnclud ng those already
tha servile. of: the SGaW en September L3 194?+ wZbiz ~LMB bhan ten yearP of servioe, on that date, xt ptov$dee partn
.
ftis noted that this provision requires @rsr tireEls4t"r How89er) if nretirementn mey not 'be aocciu- ,. Whsd under the Aot as to such person, th,is provislom p s sot deemed to apply to such person until auoh ti,gne ap,it: is, LegakXy possible, the Act for hia to "r@- under tue ,1* terns of %&ion 10, “Retirement” , bp
@@hall mean withdrawal frum ser~ioe with a reti,r?el2#r4% allowa,nce Erasted un,der the pr 0~s of t&3,s,Act: v &nphmsis' ~suppliad)(" S&We a' ement allo~no~@'~ay not bs grante:d to a member with 'less ten .$aaz-s of or&tsblw ser9i~c,e, 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, in&ead of quali-; . iyFag a membsr seventy years of age with tha4 te4
gH~mr*s of @a-vice under the Retiriamsnt ws; tam, his leaoig the servioe permanently would preva4t hL partioigatior+ of the Bob.
lbup$ogees 70 years of age or oldelr se&ice 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 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,