Case Information

*1 October 2, 1972 Opinion No. M-1229 Honorable Robert S. Calvert Comptroller of Public Accounts Re: Construction of Section 10

State Finance Building Austin, Texas 70774 of Article V of Senate Bill

1, Acts 62nd Leg., 3rd C.S.

Dear Mr. Calvert: 1972.

YOU have requested our opinion on the proper construction to be given the following quoted provision of Section 10 of Article V of Senate Bill 1, Acts 62nd Legislature, 3rd Called Session, 1972, being the current General Appropriations Act relating to group insurance policies on State employees:

1, . . . The maximum payment by the State for any individual employee on any policy or policies shall not exceed Twelve i)ollars and Fifty Cents ($12.50) per month per full-time employe~e . . . ." (p. V-37, Journal Supplement).

The correlative provisions of the immediately preceding General Appropriations Act (Acts 62nd Leg., R.S. 1971, S.B. 11, as amended by S.B. 7, Acts 62nd Leg., 1st C.S. 1971, Art. V, Sec. 10, p. V-38, 3799) provided:

II . . . Payment by the state from the designated funds on any policy or policies shall be limited to twelve dollars and fifty cents ($12.50) per month per full-time employee . . . .' In construing the above quoted provision of Section 10 of Article V of Senate Bill.11, it was held in Attorney General's Opinion M-919-A (1971):

"Section 10, Article V, Senate Bill No. 11, Acts of 62nd Legislature, Regular Session, 1971, is a rider to the General Appropriation Act. That rider limits the amount that a State agency may contribute in the aggregate for insurance for its employees to an amount reached by multiplying $12.50 by the number of full time employees on *2 . Hon. Robert S. CalVert, page 2

the payroll. It does not place any limit on the amount that may be contributed to premiums for an individual employee." See also Attorney General's Opinion M-919 (1971).

It is our opinion that the provisions of Section 10 of Article V of Senate Bill 1 make no substantial change from the above quoted provisions of Section 10 of Article V of Senate Bill 11. While the provisions of Section 10 of Article V of Senate Bill 1 use the phrase "for any individual employee" yet this phrase is followed by and subject to the further provision that such pay- ment is "on any policy or policies." Our interpretation of the new rider is the same as it was for the old rider as expressed in Attorney General's Opinions M-919 (1971) and M-919-A (1971).

YOU are accordingly advised that the rider limits the amount that a State agency may contribute in the aggregate for insurance for its employees to an amount reached by multiplying $12.50 by the number of full time employees on the payroll. It does not place any limit on the amount that may be contributed to premiums for an individual employee.

SUMMARY Section 10 of Article V of Senate Bill 1, Acts 62nd Leg., 3rd C.S. 1972, limits the amount that a State agency may contribute in the aggregate for group insurance for its employees to an amount reached by multiplying $12.50 by the number of full time employees on the payroll. It does not place any limit on the amount that may be contributed to premiums for an individual empsyee.

Prepared by John Reeves

Assistant Attorney General

APPROVED : OPINION COMMITTEE

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Hon. Robert S. Calvert, page 3

Kerns Taylor, Chairman

W. E. Allen, Co-Chairman

Houghton Brownlee

Bill Campbell

William Craig

Ben Harrison

SAMUEL D. MCDANIEL

Staff Legal Assistant

ALFRED WALKER

Executive Assistant

IJOLA WHITE

First Assistant