The opinion
September 4. 1975
The Honorable Everett L. Anschutz Opinion No. H- 682
Executive Secretary
Employees Retirement System of Texas Re: Whether the Employees
Box 12337, Capitol Station Retirement System can
Austin, Texas 78711 grant credit for service
as a county attorney.
Dear Mr. Anschutz:
You have asked whether the provision of article 6228a. section 4H,
V. T. C. S., authorizing the Employees Retirement System (hereafter ERS)
to grant credit for service as a county attorney so long as such service
is not “simultaneously credited by any other retirement system or
program” is valid in light of the recently enacted article 16, section 67
of the Texas Constitution. .
Attorney General Opinion M-941 (1971) was decided under the consti-
tutional provisions existing at that time and upheld the constitutionality of
similar statutes authorizing credit for service as a county attorney.
Article 16. section 67(a)(4) provides that general laws establishing retire-
ment systems shall remain in effect subject to the general powers of the
legislature. Thus, article 6228a, section 4H, remains effective unless
it clearly violates a provision of the Constitution.
In our view the only pertinent provision of’article 16, section 67, is
subsection (a)(2) which provides in part that:
a person may not receive benefits from more than
one system for the same service . . .
However, article 6228a, section 4H does not authorize such a dual receipt
of benefits, for service may not be credited by the ERS if it is simultaneously
credited by another system. Furthermore, service credited by the ERS “may
not thereafter be simultaneously credited by any other system. ” Art. 6228a.
sec. 4H. Thus, a person could not receive benefits from more than one
system for the same service. Since we are aware of no other constitutional
provision which might prohibit the crediting of service as a county attorney,
in our opinion the ERS~may do SO.
p. 2969
L
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The Honorable Everett L. Anschutz. page 2 (H-682)
SUMMARY
The Employees Retirement System may grant
credit for service as a county attorney to a qualified
member of the System.
Very truly yours,
Attorney General of Texas
APPROVED:
Opinion Committee
p. 2970