Opinion

Untitled Texas Attorney General Opinion

Court
Texas Attorney General Reports
Filed
Jul 2, 1962
Status
Published
On the bench
Will Wilson
Cited by
0 cases

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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