Case Information
*1 60 deduOt.ed from pay PO119 of Embers andhaveo oaweapoabingamountdeda~tedfrolD~~~
avallable for paying teachfst salaries, and traneadt same to the Executlre Searetary of the State Ward of Trustees as provided for in tus &Lct. Any college or unirex%ity or other eduo~~ tioual institution or ageuq nupported in whole or in part by the State 6hall hare the amouut re- tained or dM.uated from the f'uuds regularly ap- proprlated by the State for the ourreut maiute- nanoe for such educational departmate and insti- tutiona .' -- SeC. 8, U. B. 60.602, Uh. 2W, 48th Legislature, Reg. Sess., VWIOII’S Tax. Beso. &aw ser., pp. 621-622, aroeading 2eo. 2 of Art. 2222-1, kev. Cir. Stat. Vernoats Codifioatlon.
St rill thus be seeu that the deductions when made *shall be paid Into said Teaaher Daring Ihad.@
The verb "pap is one of ditrerent meanlnga, aoeord- ing to the context. Vhen uoed rith respeot to a debt, it meaus to eotiafy,aud ouoh paymutmaybe either in oash,or other t&lug uhatsoerer acceptable to the aredltor. Iu cm- mercial understahd%ng, Ouets cheek is paid when the drawee- bank, respeating the maker'6 order, delimrs the stun aalled for to the holder of the check. In yet auother seuse the word meaue to deliVerc depouit, or plaoe in the ha&is ot auother, a mu of nouey held in trust.
CbViously, the payment requtred by the statute uuder oonsideration is that of the last illustration.
The relation between the Wxpleyer am¶ the State Teachurs Retiremeut System is not one of debtor aud oreditor, but on the contrary is statutory - that Is to saJ, one of contributor to and custod.l.an of a publio fund. PaVBmut, therefore, by the employing authority to them xaesns the delivery or deposit by the oontributor and the receipt by the oustodian of theprmd,andthis mustbeinlawful money, or at least In ite equivalent - united sttites mom?y order or commroial paper cmverttble imediately at the place of receipt into cash for actual deposits.
From what wo have soid it is clear we are of' the opinion your question should be answered in the affincatire. OS course, we should not be understood as holding that you
464 rould be forbidden to oocept s pereonsl cheek in auoh oaaea, for such accepting of a check would neoes&l~ be fpr 6OllectiOn a& Credit OtiJ.
vwy truly yours, AT~OIUNX WllERAL OF T