Case Information
*1 OFFICEOFTHEATTORNEY GENERALOFTEXAS AUSTIN
GROVER SELLERS
ATTORHE” GENERAL
;.
Mrs. B. B, Saps,
Director & F,xccutive Secretary
Teacher Retirenest System of Jexas
Austin, Texas , Oplnlion IJo. O-7155
Dear &dam: Rer -Construction of Acts 3.343, k8 with roferznce
permakently ret nay teach lnte ing the war e
,.
wn
House Bill 602 teachers who had accepted retirement annuity on and prior to August 3Lat Vera glvcn tho privilege of returiIing to the *2 : ms. B. R. Sapp - page 2
teaching profession durirtg the World War conflict,, comonly knom as World Var II, and for twelve
nonthn thcrzafter. Aunuity payments wore to be
suspended during the tine that the said member ;L, waa engaS8d in taachmg, but when the said nonber '.
again accepted retirenont annuity, said annuity vaa to be the same as that established on or beftire August 31, 1942.
"This~office has interpreted the law to 'mean that a teachdr who accepted retirement annuity on or before August 31, 3942 could.raturn to tha
'. tea@ profession but when they aga:aLn a&cd for
,' thci& ~etirencnt annuity, th8y would fro,n that data I?
on.<$c cons:dorcd as teachor who had actually re'
.tired after August 31, 1942.
: ,..., ;.
%e now have a case of Ada A. Iiarcling vho retsred prior to August 31, 1942.a.M returned to the teachings profession August 31, 1944. She aga2n retired t:Iay 31, 1945 and her rotironcnt cJlnui.tg was paid to her. Sine has now again rc-entcrcd the
teaching profession January 1, 19&G and asked that v8 again suspend her annuity payr~ents.
.#I Can a teacher So ti'and out of the teaching protossion during th8 psriod prcec.rlbed, or arc they consldcrod porzanently rotZ.red wh8n they ask for : their annuity the second tiae?"
Section If. R. 602; Act8 19&3,'~&.h Legislature of kas, R. S,, reads as Sollo~rs:
%c* 3. That Subsection 1 of Section 5
of Senato Dill No. Acts of th8 Forty-fifth
Legislature, Regular Session, a8 axended by House
Bill no, 1016, Acts of th8 Party-seventh Legfclatura, R8gular Session, be snd the sake 1s horcby annnded 00 as to h8raaftcr rcaQ as follo~o: : (I 1. Service Retir8mcnt Benefits. / m . "Any member nay ratire upori vritten f application to th8 Stato Board of Trustees. Retlrensnt ehallbo effective cs of th8 ond of the school year then
1 current, provldod that tho said nonber at the tin8 oo 1
i
&a. 8. B. Sap$ ; Pago 3
. speclfidd for Ne retiremnt shall have attained ~ the age of sixty 60) years end shall h&v.e coil’ pletcd twenty (20 I or mope years of creditable 8ervice,sac9 provided fkrther t&A no retirennnt shall bs cffectivo prior to August 191&l;;, Any &mnber in service who has nttsined th3 ase'o? ' 8Qventy (70) years shall be rotfred forthwtth, provided that with the approval of his mployar he nay rermin in service. Any member who has accepted servlco retirement shall be -1neliyFbla .- and dlequslF%ed to resume and/or continue
teaching S.n the public schools of Texas, and ’ also .sliall be inoll&ible and disqualified to ba .’ othervise employed 5s a teacher uudcr this Act; provided, however, that Purin3 the praoent world con- flict, comouly called World Mar II,' and for a period i ’ of twelve (12) months thereafter,’ a rstirea 123r~bber vho retired August I 42,,and prior thereto (and only such retired members 3 , shall not be ineli3lble and disqualified as above stated but may be cnployed as. a teacher under the terms of thZs Act; provideb, hovcver, that du~9.11~ said time that a retired . tssmbcr is so ex@oyed, ret~rcmont benefit pzy.gnants that would othcrzfsc have becn paid to said r;ler&mr shall be suependea and ehall be raaumd again when said nmber leaves said cnployaent pcrmncntly; provided fkther that dul*in3 tho t;ino that said retired teacher member io emplogcd a5 a tecchcr, es above specified aud lfmitcd, no retlrel;;ent deductions shall be made frm his mlnry, aad the retiremet benefits that .are paid to aoLd retired mcmbc~ after the benefits are a3aLn reeumd shall be In the oa!m amount as wcra peld on the ori3im.l retlrcmnt; provided that if a roti?& mmber returns to teaching as above outlined, dur*In& the tins he is so tenchin3, both the mnboroh~p annuity ps.yinent and the p??Los sorvico e.rmuI.ty pament, to which said retired me:.9zr would have been entitled if ho had not so rctumod to tcncNn3, shall be transfcrrcd to the State ikmber- ship Accumlotlon Puud; provided furthe?? t?iat if a rctirad m&m.+ who olocted to r-y~?lvc an C%nulty in a guaranteed psynent for a certain nullber of years after ratircmnt returns to teachin as nbova apecificd, tho titr,c 80 spent tcaChinC: by :iv.ch ro- tired neubcr aftor the inItfol 01’ o~iglual retironcnt ohall co~mt as tim? wM.hIn said certain nLu!bcr of years the mum as tf cald rctirod mt;ibcs had not re- turned to teaching; provided furthsr that my rctilaed. nmbbos who ncccpts onploymcnt as a teacher, except in the prcscnt worid conflict end for tvclvc (12) ncuthc *4 I- :?, 707
thereafter, as above spsclfied, shall forfeit all rights as a tistirocl teacher sncl any and all claims to any retirement benefits under this Act: provlced further that every retired member is charsed with the knowledge of all these provisions and by re- tumiri to teaching shall be deemed to have accoptcd the 8e.xio." It is our opinion that the present wsr has not yet legally concluded and cannot bs consldoreci a8 concluded In ~ths legal sense even though actual hoatilitles are at an end. It is our further opinion that the prosont war will not be offl- &ally and legally concluded until the Congress of the United states, or the President ~by authority of Comress, formally proclaims the termination or oonclusion thereof. See Opition No, 0-6i%7 of this departmant, a copy of which is enclosed for your Information.
In answer to your first question, it is our opinion that the rotirad teochcrs inqu3zaci about may remain in the teachFng profession until the prosent war is legally concluded se outlined in the pnragrsph next above, .end for 12 mo:Ghs thercaftor, as provided in Cjeotlon 3 of W. 8. 602, nupra.
With reference to your eecoi~cl question, it Lo. clear that under the facts stated the teacher in question was already ‘nermancntly rc.ttred” prior to Au,=& 31, and it w&3 only through I!. B. @2zupra, that she was entitled, as an cxcapt;lon to the general Teachers Retireme nt Law to teach Ourins World It Is our opinion that the War II and 12 months thereafter.
dotinant purpose of the above exception in H. B. aupra, wqn to allow permanently retired teachers to ngain enter the teaching profession dur’lz the war period (and 12 months thereafter) in i order to relieve the tonchor shortage in our publlic schools,
Answering your second question, it is thoreforo
Our opinion that the retlrcd tcnchors in question c&z go In and out of the teaching profession, at.thclr option, until the Present war is officially and lc~clly concluded, and 12 months thsn-after, and that such teachers do not forfeit the right to teach during such porlod merely bece.uso l&y have bnen pnld ~‘otirement annuities during a period of time in which ouch ts6chors.wore not trschinz as outlined in your letter. St sccno clear to us that the Legislatura contei?plnted thst during the wnr emergency that pormnnently rotircd tenchors should be allowed to teach at ouch tines as they could be needed to M~CVC the teacher ehort.nSe and the Leg.Lslaturo did not Intend
#ro. 8, 8, Sapp - Page 5
to bar such teachers fron teaching intetittently during such if they were not employed continuously na teachers during period the perLo&. In other words, WQ think such retired teachers are entitled to teach during all or any part or parts of such war period and 12 months thereafter, as long as there is a dem~and for thoir service&. I
Very truly yours.