Untitled Texas Attorney General Opinion ( 1945 )

OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN L&w.. B. ii. slipp ibxeout ive 2ecretary Teacher lietirezient Gy.item Of TaXa mstin, Texas Dear We. SaRp: t8 rrom the f Qleoharge? dated January 80, 1945, rending as r0 s in the armed serv- Bill 6OFi, we aocrpted hat she was depositing stem borore she entered aa been given an hotiorable disoharge allowed to oontinue her payments nd one year thereafter, or will she inus her deposits from the date ot her disoharge?” The language uaed in Eouse Bill 608 is somewhat amblgu- ous, but we think the Legislature meant that an any war activity during the time t,he United 3*de* F%&e of war and for twelve months theraafter fa all that should be oounted. This construction is emphasized by the following language contained in Subeectisn (3) of jeotion 2 and Sub- section (d) of Leotion 5 of House Bill 602, which aeotione read as follows: v(3) Rowever during the time the United States IE in a state or war and ior a period of twelve (12) months thereafter, time spent by a member or t ha Teaoher titirement System (1) in the Araed Foroen of the United states of America and their auxiliaries and/or the Armed Foroee Reserve or the United Staten oi Amerioa and their auxil1arlee and/or in the Irervice of the Anwrioan Red Cross as a reeult of havin$ volunteered or having baen drafted and/or ooneorlpted thereinto, or (2) in war work aa a direct result of having been drarted and/or oonaorlpted into eaid war work, shall not be construed ae absent from service insofar as the provisions of this Act are oon- oerned, but ehall oount toward membership servloe.’ (Rmphaelo ours) v(d)During the time that the United States 1s in a state of war and for twelve (12) months thereafter, a member of the Teaoher Rstirement System (1) in the Ar.*d Forces of the United States or their aux1lIarie8 and/or in Armed Forces Reserve of the United States and their auxiliaries and/or in the servic? oi the Amerioan Red Cross ea a result ot having volunteered or having been drafted and/or oonsorlpted thereinto, or (2) la war work as a direct reeult of having been drafted and/or oon- soripted into eald war work, shall be permitted to oon- tribute eaoh year to the Retirement System, a cum not to exceed the amount contributed by him to eaid Retire- ment System during the last year that he wss employed as a teacher under the provision8 of this Aot. The sum 80 contributed by such member and received by the Retire- ment system ehall be deposited by said Retirement system in the Teacher tiaving Fund to the oredit of the member*8 lndividucll aooount and shall be treated in the same manner ae funda oontributed by the member while he was employed as a teacher under the provisions of this li0t.v Construing these two subeections together, it is our opinion that a Beacher who is no lancer in any branoh of the Ar71ed Forces cr their auxiliaries and/or Armed Forces keaerve of the ~8. B. 8. Sapp, page 3 United States and their auxiliaries and/or in the service of tha American Red Cross should not bep3rmitted to make any rurther pay- mente to the Teaohers' Retirement Pund until she reeumea work ee a teacher. She is permitted to make payments not to exoeed the amount contributed during the la& year she wea employed as e teaoher during the time she is in the Ar.med Foroee or any of the aotiviticre mentioned in subseotion (d), but after her dieoharge she hue tha etatur, of any unemployed teacher. If and when ahe realllpsa her work a8 a teaoher she will then oontrlbute five (5%) per cent of her salary, not to exoeed One Hundred and Eighty ($180.00) during any one year. Roth questions are answered in the negative. Yours very truly ATTORNEY OENERAJ, OF TEXAS CFO:EP