Untitled Texas Attorney General Opinion ( 1971 )

December 29, 1971 Hon. Frank >I. Jackson Opinion No. M-1027 Executive Secretary Teacher Retirement System Re: Questions relating to the of Texas Teacher Retirement System Lowich Building and the Optional Retirement Austin, Texas 78701 Program. Dear %r. Jackson: Your request for an opinion on the above subject matter reads in part as follows: “A ‘faculty member’ in an institution of higher education in Texas elected to go to the Optional Retirement Program as provided by Title 3, Chapter Sl, Subchapter G of the Texas Edu- ~. cation Code (S.B. 292, 60th Legislature, 1967). He later changed to a position, still in an in- stitution of higher education in Texas, which is not classified as ‘faculty member’ and became a member of the Teacher Retirement System as pro- vided in Attorney General’s Opinion No. bl-647. This same employee has again been changed to a position which can be classified as ‘faculty mem- ber.’ Based on this information we request your opinion on the following questions. II1. Is the employee of the institution of higher education described above required to re- main in the Teacher Retirement System? II2. Ifyour answer to Question 1 is in the negative, mayhe again return to the Optional Re- tirement Program? “3. If the answer to Question 2 is in the affirmative, is he required to return to the Optional Retirement Program? -5008- Hon. Frank M. Jackson, page 2 (M-1027) “The second situation involves a person who was employed in an institution of higher education in Texas as a ‘faculty member’ with an opportunity made available to him to become a member of the Optional Retirement Program. This faculty member did not elect to become a member of the Optional Retirement Program until the time permitting him to make such an election had expired. He there- fore continued to be a member of the Teacher Re- tirement System. This ‘faculty member’ has now moved to another institution of higher education in Texas. We respectfully request your opinion on the following question. 1,4. Is a ‘faculty member’ whose time for electing to become a member of the Optional Re- tirement Program has expired again eligible to elect to become a member of the Optional Retire- ment Program as a new employee in another insti- tution of higher education in Texas? “The third situation involves the opposite of the one outlined above. A ‘faculty member’ in an institution of higher education in Texas elected to become a member of the Optional Retirement Program. He has now moved to another institution of higher education in Texas still as a ‘faculty member.’ The question is. I,5. Is a ‘faculty member’ who has elected to become a member of the Optional Retirement Program eligible to elect to become a member of the Teacher Retirement System as a new employee of another in- stitution of higher education in Texas?” In Attorney General’s Opinion M-647 (1970) the Summary reads : “Article 2922-1.03, V.C.S., requires all persons employed as teachers or auxiliary em- ployees of an institution of higher education to be members of Teacher Retirement System of Texas unless they are members of Optional Re- tirement Program. -5009- . - Hon. Frank Fl. Jackson, page 3 (M-1027) “Article 2922-li. V.C.S., provides an Optional Retirement Program for ‘faculty members’ only as defined in said statute. “Former ‘faculty members’ who no longer meet definition of ‘faculty member’ are required to rejoin Teacher Retirement System as provided for under Article 2922-1.03, 2922-1.04 and 2922-2.05 V.C.S. but said former faculty members are not eligible to receive credit with the Teacher Re- tirement System of Texas for any service during which time they were members of the Optional Re- tirement Program.” The controlling statute is Section 5 of .Irticle 2922-li, Vernon’s Civil Statutes, which reads: “A faculty member (including one SO employed on the effective date of this Act) \