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Untitled Texas Attorney General Opinion
O-3844
| Tex. Att'y Gen. | Jul 2, 1941
|
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*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN

!I I *3 &+norablo John 8. Rudd, p-c s

ma a prior-aanlco annuity towhlah hir ondltabl.o aorvio~ ana membership in the T8aahar Rotiment SYBtsl ontitled hipl under the provIaion5~of.tbla Aat.*

SUb8OctiOn 3 cOntrOla thb queat~on aa to when a die- abflity r6,lraent IS to b5 made, tbaf 16, frOm thirty to ninatip days nert SollowIng the filing of ths aQplIoation.

subration 1 governa when the ntlmant owe about by ~~8011 of $ho tsacher*a having miohed thr l g8 of alxty yeara aad havj.qg the twenty Jama*. arrviaq moord. ti that oaae the re- tinmrnt bsoomoa arfeotlvr at 'the on6 of the ourrmt ash001 P-a 'Ilh0 airr0rwe thus ma0 LB a moat. wuril MS. m8 advent of phyaioU or men&l diaabillty take8 no l ooount of my nna for: the teaohar to finIah out the aahool yeam Under mbaoctlon 4, if the tmoher who 18 thus beinks rotIre& on l o- aount of aIaabllIty la sixty yeara of a&e or ls0r5 hla illowano5 will ba 88 for ar~loe rrtirsmmt. A5oorbislgly your firat pu88tiao.ia anawc+8a 3.n thr 8rrimrtiv~.

w@ no* p#tDS to I COB8idW'diOB Of yb\rr 86MBd QU88-

tIOB. Xotiag in pertto\ilar tbs laat manteioe of wbaaotlon 1, la a man who attUna aavonty yam8 of a60 subject to tha pro- vlaI0n In tha IamodI5tely p*Dcteding 55ntowe rslativa to ro- tiremant being affaOtiv5 as of tha 55d Of the ourmnt aehool year?, Or, do08 the prwlaioa that ha shall ba retindi aforthwi#n

ueut that ha shall be rstlmd at oaaa upon r5aohiB(1 the we of aava5ty, whether aohool la In l ea aIo~ or a&?

The word Yor$hwIth* haa n6 wall d~fiaad meaning.

UUle it boos not naooaaarily amn inatmtaneau8ly or st e time IameQiately auoowling dthout an Interval (A&arson ta.

Ooff, 1s Pao. 19, OaL; Luoaa ~5~ katera Union, 109 H.W.

19S, IOwd, it do86 5dGu to ha08 a nom matrioted BleardUg th5n amaaoneb15 tIa5* aa that tern Is ordizurily una, bownr va. Atkinaaa, 148 8.1. 78, Ho. App. From Aztetia ?a.

Woloh, '?S S.W. 881, Sdo. Antonio Oourt of Uiril Apperla, quoter

~Ihi5 brlnga ua to th5 55aoad queatfon In the @a@@-- was the mortgage Sorthwitb deposited with and riled In th5 Offlob or the otxmty alark? Za Xaeknay v. Sahow (F5x. Div. App.) 53 f&W. 914, In aonsld5ring the maanlng of tlm word *forthwith* aa used $n Rw. St. art. iSW3, the aouxt aayaa *lhe tam *forthwith* is an Ymporativi term, aad: owtainly admits of no uIumof6aary drla~,~ Yr. Wibbater t:;yt;,e tom aa maaniag inoaiatelyt nithout delay; Bouvlerr 4As 8ooa a8 the thing my 60 done by *4 Ronorable Johns. Rudd, Page 4

reasonable exertion confined to that ob,jeot." Hr. Rapalje and Mr. Blaok also give this definition, sub- stantially. * * * 980. 8 Am. & Eng. Enc. Law,, p. Bll, and notes, the term being thus defined in the text as meaning 8immediately; within reasonable time; with all reasonable celerity." Indeed, as was said by our Supreme Court in the opinion by Chief Justioe Gaines In the aase of Baker Y. Smelser, 88 Tex. 2.6, 29 S.W. 377, 33 L.R.A. 163, the term "has been too orten construed to require dlsouss~on." It will be suff'icient to say that in the ease clted.the term, as used in our ohattel mortgage was defined to mean,"with all reasonable statute, diligence a& dispatch.**" nForthwlth,W as used in statutes regulating official duties, has generally b&i oonstrued as meaning that the duty in to be performed proi!i@f&y and with all oonvenient dispatch, but this requirement is &lways modlried br the oiroumstanoeta and the nature of the duty to be p8rfOrXQ8d. Gum vs. LanUq M.W. 999, N. Dak:; ldofrat YB. Diokson, 3 Colo. 313;

Does the use 0r the wrxd "forthwith in aaid last eentenoe or subsection 1 mean anything? If' that word had been left out retirement would be as of the end of’ the aurreat sohool it was inserted ror cane rea8on.F If it haa

We believe ~~~&aning at all it Is that the retirement will be effeotive immediately, without regard,:to the time the sohool year is to endi If the retirement oomes at a time when it would aerlouuly arieat the welfare of the schobl, a remedy le. provided, he may remain In service with the approval of the employer. We there- fore hold that a teacher who has attained the age or seventy years may b8 retired at any time during the sohool year, in answer to your seoond question.

Vie will now oonoern ouraedxes with your third question. It is mad8 olear in more than one plaoe that tyenty Or more year8 of prior oreditable eervloe on the part Of a teacher is a requisite to his retirement on dieability allowanoe. Derinition (24), Seotion 1, R,B. 1016; subseotlon 3, Seotlon 2. id. '~Th@ only oth8r~'requlrement for a man to draw service retirem8nt benerits other than to beoome silty years of age is that h8 have the twenty years prior SerViOe reoord. Derinition (ZS)i Se&ion 11 Seotion 2, subsection 1.

From a reading 0r the Aat as a whole we are oon- Vinoed that it is oontemplated that members who have attainsd the age of sixty years, if retired, shall be awarded serviO8

Case Details

Case Name: Untitled Texas Attorney General Opinion
Court Name: Texas Attorney General Reports
Date Published: Jul 2, 1941
Docket Number: O-3844
Court Abbreviation: Tex. Att'y Gen.
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