Untitled Texas Attorney General Opinion ( 1946 )

OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN GROVER SELLERS At-rowar GENERAL .. Mrs. B. B. Sapp Director and Executive Secretary . Teacher Retirement System of Texas Aus tin, Texas Dear, Mrs. Sapp: OpLnlon Ro. O-7173 me the proper ofession for five se she uas abse;t six consecutive oes she still rctai.n membership e-entered the teachl.ng profes- each four and one-half months of ‘.. - Section 3(3 of the Teachers’ Retirement Act (Artfcle 2922-l V. A. R. C. S. provides in part as follows: ., , 779 Mrs. B. B. Sapp, pa&e 2 “Should nny member l.n any period of six (6) ,consecutive years aftor becoming a meuber be ab- sent from service more than five (5) years, or should he vithdrav his accumulated contributions;; or should he become a beneficiary, or upon dcaih, he shall thereupon cease to be a member. f . . It Is the general rule that pension statutes are to .be liberally construed. (40 Am. Jur., Pensions, Section 4) The teachor in qucation was absent from the teaching profea- ,’ sion for five consecutive years but returned to the profcs- slon on January 21 of the sixth year. Since the Teacher Re- tirement Systen has ruled that four and one-half montiis con- stitute a tenure year it 1s the opinion of this office that the teacher in question was not absent from service for more than five years and that she is still a member of tho Teacher Retirement System, Since the subject of yo.ur inquiry returned to teaching on Jenuary 21 of the sixth year, in tima to teach a tenura year,’ she was abssnt from service only five years, He trust the above fully answers your inquiry. Very t.ruly yours Robert T. Donahue Assistant RTD-bv .