The opinion
NEYGENERAL
TEXAS
AUSTIN. TEXAS
0otober 18, 1949
Hon. B. B. Sapp, Dlr8otor
and Exeoutlre Seoretary
Teaoher Retirement
System of Texar
Awtln, Texas 0p1lli0nIlo.v-937.
38: The eliglbllltyOS a
mima teaoher ta m-
oelve retirementbew-
fits after having been
granted diaabilltj
Dear Mrs. Seppt benefits.
We refer to yolarletter whloh states in sub-
stance:
John Doe, age iifty (50), with thirty-
one (31) year8 oreditable mmviee, made ap-
plioatlon for disability retirement although
he wan eligible $or service retireslent,and
the mai0ai Board granted alsabilltybaneflta.
He has not attained the age of 60.
Can dlrrabilitFpayments be diaoontluued
at hia request in order that his aooount me7
ba re-established,thereby making hLm eligi-
ble to make appllcatlonfor aepvlm retire-
ment?
Seation 5, subdivision 1 of Article 2922-1,
the Teaoher Retirement Aot, aouoerna servlos retlrament
beuefita and provides in part8
"An7 member may retire upon written ap-
plication to the State Board of Truatefaa . . .
Any member with thirty (30) years of oredita-
ble serrioe may ret+* at any time Pegardless
of the age obtained e . . Any member who has
eooepted service retirement shall be imligi-
ble and disquallfledto remma end/or oontiuue
employment In the przbllosohools of Texan, and
~&JO #hall be Ineligible,and dlaqaal~fledto
be otherwise employed in the publio aahoola of
HOU. B. B. Saps, page 2 (V-937)
-.
this State; . O . provldsd further, that any
-tired member who acoepts employment as a
tesoher, exoept In the present~worldoonfllot
and SOP twelve (12)'monthsthereafter,aa
above apeoliied,shall iorfeit a,l&fi@its as
a rstlred teacher end any and all olalma to
any retirementbsueflta under this Aot. . .'
Under the sutmltted fasts John Doe having had
thirty-one (31) years of'oreditable servloe, oould hays
applied for pensatientservise rstirsmentrather than for
dlasbllltg retirement. Howevsr, to preserve his right
to return to the teaohlng profession la the futurs when
his health was regalned, i.e., be rsstorsd to aotlve ae*
vi08 (Seo.5, aubd.S(a), (b)), he ohose to apply for dis-
ability rstlrsment.
Se&ion 5 of the Teachers Betlmmnt Aat oon-
oernlng disability retirementbenefita, provldes In part:
?Jpon the applloationof s msmber . . .
any msmber who has had twenty (20) or more
yaars of oreditable service may be rstlred -.
by the State Board of Trustees . e . on a
dlsabillty ratirsment allowanseprovlded
that the Medical Board, (80s. 6, subd.(12))
alter a medloal examinationof swh member,
shall oertlfy that suoh member is mentally
or physiaallg lnoapaoltatedfor the fur-
ther prformaaoe of duty, that rush inoape-
oity 1s likely to be permanent, and that
swh member shall be retired." (Subd.3).
*Upon rstlrsment for dlsablllty a mem-
ber ahall raselvs a O e a disability IW?-
tlrement allowance . . ." (Subd.4).
"Should the Iledloal'Boardreport and
oertlfy to the State Board of Trustees that
suoh dlsabllltybenefloiary is no longer
physically or mentally lnsapaoltatedfor the
performanaeof duty, . . o and should the
State Bomrd of Trustees by a majority vote
oonow In suoh report, than ths amount of
his sllovsnoe shall be diaoontinued.. *"
(Subd.5 (a)).
"should a di88bllitYbeabflai8rJrunder
the age of sixty (60) years be restor to
r
,
Eon. B. 8. Sapp, page 3 (V-937)
aetlve aervlae, his retirement allowance
shall oease, he shall egaln bsooms m member
of the RetirementSystem, and any reserves
ou his memberskip annaity at that time in
the membership Annuity Reserve Fund shell
be treusferredto the Teaoher Savlag Fuud
and to the State Xembership AoCUmul8tion
Fund, respectively,in propopttioa to the
original sum transferred to the Membership
Annuity Reserve Fund at Retirement. Upon
restorationto membership, any prior-servlqe
certlfIosteon the basis of whioh his ser-
vice was oomputsd at the time of his re-
tirement shall be restored to full foroe
and effect, aud in sdaition, upon his sub-
sequeut retirementhe shall be credited
with all his membership servloe. Blo mem-
ber eligible to retire for servioe et aix-
ty (60) years of age shall be allowed to
retire on a disability ellowance . . ."
(Subcf.5(b)).
r
Under the quoted provisions of Seotion 5, owe
8 member mekes mpplloatioafor disablli.ty retlrsment
benefits, and haa been oertlfied by the Redioal Board
and mpproved by the State Board of Trustees, he becomes
a disabilitybeneficlery under the Aot as dlstingulshed
fr o ml ~member of the Retirement System. Be rsmeins in
that status until he attains the age of sixty when he
automatioellgbsaomss retired for servloe (A.G.OpInlon
X0.0-3834) or until he is rsstored to satlve servloe
and membership status upon oertifioationof the Medical
Board to the Board of Trustees that he is no longer in-
oapaoltatedfor performance of duty and the Trustees
vote to ct5ncurin the Medical Boardda report. Under the
facts submitted,John Doe has not attained the age of
sixty, nor has he been rsatored to active service by
Msdloal Board and Board of Trustee a&ion which is nea-
easmry for restorrtion of his membership status in the
Retirement Syatene. The Aot whiah changes the stetus of
an motive or aontributlugmsmber to that of a retired
member Is the order or resolution of the Boerd of Trus-
tees. Likewise, the Aot which ohenges the status of a
dismbility beneficiaryto that of an motive member is
the order OP resolution of the Board of Trustees.
Under the faots submitted,the teaoher member
mode applioationfor dlseblI.lty retirementbenefits mud
,I- not for ssrvioe retirement benefits. Under the low, he
could hove applied for either. Had the member chosen to
.
Eon. B. B. Sapp, page 4 (V-937)
apply for serriae retlrsmsntbensflts, he would then
have had the right to shoose the mmnner in which his
ser,Hoe r&frame& mllowauoe should be paid. This
ahoioe lnoludsd a selestion of tbs mssimum allowsnoe
to be paid during appliomnt~sown life, or one of three
options uader any one of which he would raeelse a rs-
duoed allowenoeduring his lifetime with pmyment of a
certain amount theraafterto a beaeficiaryto be seleat-
ed by the mpplioant.Sea.5, aubd.7, of Art.2%?2-1,V.C.S.
If 8 ternsher,age fifty, with thirty-
one yews orsditmble servloe In the Teaoher
Retlrsment System; mpplied for, waa grmnted
disability retirementbenefits, mnd hoe not
beea restored to aative sarviee and member-
ahlp in the.System, he mmy not bs granted
service retirement. Art.2922-1,Sea .5, subds.
1,3,4,6(e),5(b), 7; sea.6, sub4.(12),V.C.S.,
as smendea;A.Q.Oplnlonno.O-3834.
Yours very truly,
A!tTORBgP@EBgRALOFTgXAS
CEormw
Cheater R. Olllson
Assistant
FIRST ASSISTART
ATTO~GRRRRAL
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