The opinion
THEATGORNEYGENEIRAL
OF TEXAS
AUETlN 11, TEXAS
W’IIaL WILSON
A’l-N,-CZENERAL
July 24, 1962
Honorable Henry Wade Opinion No. WW-1393
District Attorney
Records Building Re: Whether a retired employee
Dallas 2, Texas of the Dallas County Retire-
ment System who elected to
take Option No. 1 on his re-
tirement can change his
retirement option to the
regular maximum upon the sub-
sequent death of his benefi-
Dear Mr. Wade: ciary.
You have requested an opinion from this office con-
cerning the following fact situation:
"The Dallas County Employees Retirement
System was established January 1 1948, in
accordance with and under authori ty of Article
16, Section 62, subsection b, of the Constitu-
tion of the State of Texas. The rules and regu-
lations necessary to make the system operative,
were promulgated by the Dallas County Commis-
sioners Court in consultation with and under
the direction of a fully qualified and accred-
ited practicjng actuary.
"Among the rules and regulations so estab-
lished by the Court was one allowing a retiring
employee to select one of the various options
which would determine the amount of the retire-
ment benefits. Thus, a retiring employee could
select an option, whereby, for a reduced monthly
benefit, his surviving beneficiary would receive
;;v;dentical.benefit as long as she or he might
. This 1s known as Option One."
In connection with the fact situation set forth hereto-
fore you have posed the following question:
"May a retired employee of the Dallas County
Retirement System who elected to take Option No.
1 on his retirement June 30 1957, chame his re-
tirement option to the regular maximum upon the
death of his beneficiary in November, 1961. This
Honorable Henry Wade, page 2 (W-1393
1
would have the effect of substantially increas-
ing his monthly benefits for the remainder of
his life."
In Attorney General's Opinion No. ~-1.58 (1947), this
office held that Section 62(b) of Article XVI, Constitution of
Texas, authorizing retirement and insurance programs for county
employees upon a majority vote of the qualified voters of each
county, was self-executing, and enabling legislation was not
necessary to make it operative. Attorney General's Opinion No.
v-158 (1947) further states that:
"The constitutional amendment . . . clearly
indicates that each county shall have the right
to provide for and administer a Retirement, Disa-
bility and Death Compensation Fund for the appoint-
ive officers and employees of the county, provided
the same is authorized by a majocity vote of the
qualified voters of such county. (Emphasis added)
Pursuant to Section 62(b) of Article XVI, Constitution
of Texas, the Dallas County Employees Retirement System was es-
tablished and certain rules and regulations have been promulgated
by the Dallas County Commissioners I Court for the administration
of such retirement system. One of such rules or regulations so
promulgated is found as a part of the "Retirement Benefit Elec-
tion" form upon which an employee specifies the retirement benefit
option which he desires. Such rule or regulation states that:
II After the first payment under a re-
tirement'ailowance becomes normally due, the
retired member shall not have the rieht to change
the selected manner of cavment. . . .'I(Emphasis
added)
Consequently we are of the opinion that in view of the
rule or regulation of &he Dallas County Employees Retirement Sys-
tem, and so long as it remains in full force and effect, an em-
ployee who had elected to take Option No. 1 under the Dallas County
Employees Retirement System cannot change to another manner of re-
tirement benefit payment under such retirement system once such,
employee has commenced receiving retirement benefit payments.
Honorable Henry Wade, page 3 (~~-1393)
Under the facts stated an employee of the
Dallas County Employees Retirement System could
not change to another manner of retirement bene-
fitpayment once such employee had commenced re-
ceiving retirement benefit payments under such
system.
Yours very truly,
WILL WILSON
Attorney General of Texas
Pat Bailey
PE3:st:wb Assistant
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Robert Rowland
Charles Lind
Robert Patterson
Fred Ward
REXIEWED FOR THEATTORNEYGENERAL
BY: Leonard Passmore