Untitled Texas Attorney General Opinion ( 1944 )

f ’ OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN BRO”v.RSLLLIIS rtyrm*c*Oc;crxL -cc-‘W7 i &xorable George H. Sheppard i Overrr:~e;r,~?..c?..?~~9_ CosJtroller of Pub110 nooounts Audtifl,Texas seventh b&latura, is the State required’%w m&e total ooabdbution to the Teachers’ Jtetlresgeat system durlag any ,,-* f5,ssgl year exaotly Bpual to / Phe ccntributlons of the %. teachers, or may the alloca- -... ‘.,,, tions, bm based oa a five-year .,aotunrlal estimate and ad- --. ‘Justed at the end of saoh .~ __ ., hvs-year period? And a related question. . ’ .*I %.,a.& ..in receipt; oi your opinion request, read- ing as follows: .. ’ 1, ‘I I.. -.. X&‘- +, ., ._ *I should lske to submit for your oonsldera- tion the .qusstions l%dted t 1elow: ‘. 4. ... , ;. “1. Under Eouse Bill S of the 47th Leglala- ture, or any subsequent Amendments thereto, is the State required to make total contribution to the Teachers* Retirement System during any rlsoal year exactly equal to the contributions of the teachers, or may the allocations be based on a five-year ao- tuarinl estimate and adjusted at the end of each five-year period? “2. If the contribution of the &?te is to be adjusted annua-ly to the contributions made by the teacher+ shall the 5tate’s contribution be equal to the total contributions of the teachers, or shall the state’s contribution be equal to the contrlbu- tions of the teachers less refunds to teachers who oease to be :nesbers other than by death or retlreaoent?W Me quote the following pertinent language from ZctJlje ilill 0 of the 47th Legislature, as found in the General LWIYof the 47th Legislature on page 338: “( 3) Beginning with the flsoal year starting oa September 1, 1941, ilnd annually there- dter, tiere is hereby allocated and appropriated to the Teaclet Retirement System of Texan in aooord- ante with: the provisions of Senate Bill No. 47, Aots of the Regular session, Forty-tlfth Legislature, 1937, snd any amendments thereto , nisum eaoh year equivalent to the oontrlbutlons ot the member8 of the Teaoher Re- tirement 3ystem during said year. Said amount8 are hereby allocated and approprlstrd.and shall be paid to the Teaoher Retirement System in equal monthly installments beginning September 1, 1941, and monthly thereafter based upon the annual eetlnrate by the State Joard of Trustees OS the Teacher Retirement System of the contributfons to be received from the members oi aaid Gystem during said year; provided further, in the event said estimatr of the contributions of the m,abers of the ‘Yysten shall vary fro& the actual ar;lount of the teaohers ( contributions during the year, t:ien such adjustments shall be made at the close of each fiscal year as may be required.” “There is likewise hereby allocated Andyep- propriated to the Teacher Retirement System OS Texas ba- ginning on the first day of the first moath after the effective date of this Aot, and monthly thereefter, the sum of Fifty Thousand Dollars(#50,000), which shall be paid by the State Treasurer to the Teacher Retirement System until such time as the total additional amounts so deposited by the State of Texas shall be equivalent to the total amount contributed by the members of the Aetirexent System from September 1, 1937, to September 1, 1941, as certified by the State Board of Trustees of the Teac.ler ;ietire;;lent System.” It is obvlous from the foregoing that the state is required to sake total contributions to the Teachers’ Hetirenent 3y;~itemduring each fiscal year exactly equal to the contributions of tile teachers. The law is very plain wherein it appropriates 450 Honorable George R. Sheppard, page 3 and allocates to the Teaohers Retirement System “a sum each e3.r equivalent to the contributions OS the members oi F F-eacher Retirr:nent Systen during said year.* This taot is emphasized by the further hII@Miga: “provided further, in the event said estimate of the oontributlons of the mmbbere oi tb System shall vary from the actual amount of the teaohers’ oon- tribution8 during the year, then suoh adjustments shall be made at the olose of la o htisoal yeti as may be requlred.w This is in addition to the $50,000 monthly ap- propriation made equivalent to the amount8 paid by the teaoherr from September 1, 1937 to September 1, 1941. Your rest qu8s- tion is answered in the atiirmative. As we understand the law, those teachers who cease to be member8 of the System other than by death or retlre- ment are refunded an amount equal to the oontributions paid into the system by suohteaohers and hence their contributions having been so withdrawn do not oonetitute a contribution to the System, and should not be oonsidered la determining the amount of the State’s contribution. Yourr very truly ATMRNEYGIZNERAL OF TEXAS C. F. Gibson Astalstaat .