The opinion
,.-
THEA NIEYGENERAL
AUSTTN. TEXAS
September 29, 1949
Hon. B, B. Sapp, Director Opinion lo. V-917.
and ExecutiveSecretary
Teacher Retirement Re: Whether person may re-
System of Texas celve service retire-
Austin, Texas ment benefits under
Teacher Retirement Act
and serve at the ssme
time as member of the
elective State Board
Dear Mrs. Sapp: of Education.
We refer to your inquiry as to whether a re-
tired teacher, receiving retirementbenefits under the
yo;l;iy of the Teacher Retirement Act (Article 2922-
as amended) may legally serve as a member of
t&e tk%ive State Board of Education without affecting
his retirement status.
Rouse Bill Ro. 964, 51st Legislature,provides
for an elective State Board of Education. With respect
to the qualificationsof elective members, Section 9
thereof prescribes, In part, that:
?Vo person who hold8 an office under
the State of Texas or any political subdi-
vision thereof, or who holds employment
or receives any compensationfor services
from the State or any political subdivl-
sion thereof, except retirementbenefits
paid by the State of Texas or the Federal
Government,or any person engaged in or-
ganized public educationalactivity, shall
be eligible to serve on said Board or be
elected thereto. . . .' (Bnphasisadded)
Prior Attorney General Opinion Ho. O-3916holds
that a teacher retired In accordancewith the Teacher
Retirement laws of Texas doe8 not hold an offlae. He
has no duties to perform. Indeed, a retired teacher
drawing retirementbenefits is neither an officer nor
an employee of the State or any of its political subdi-
ViSiOll8.
Hon. B. B. Sapp, page 2 (V-917 )
Section g of House Bill 964 speoifically ex-
cepts frcm its prohibitions those person8 who receive
“retirement benefit8 paid by the State of Tesa8.” Prior
Attorney General Opinion lo. O-4804 held that a retired
teacher, as such, does not hold a position of honor
trust, or profit. It follows that Sections 33 and $0
of Article XVI, Constitution of Texas, have no applica-
tion to this problem.
It is our opinion, therefore, that a person
may contemporaneously receive service retirement bene-
fits under the Teacher Retirement Act and serve as a
member of the elective State Board of Education.
We are not unmindful of that provision In Sub-
section 1 of Section 5 of Article 2922-1, Vernon’s Civ-
11 Statutes, which reads :
”. . . Any member who ha8 accepted
service retirement shall be ineligible
and disqualified to resume and/or contin-
ue employment in the public schools of
Texas, and also shall be ineligible, and
diequalified to be otherwise employed 1%
the pabllc schools of this State; . . .
We think this provision is applicable only in
the matter of “employment” of teachers retired from 8er-
vice, and has no application to the qualifications of
persons who may be elected to serve on the Stat8 Board
of Education, such qualifications being speoifically
covered in Rouse Bill Pie. 964.
suM74ARY
A person may contemporaneously re-
ceive service retirement benefits under
the Teacher Retirement Act and serve as
a member of the elective State Board of
Education. H.B. No. 964, 51st Leg., Acts
1947; Art. 2922-1, V.C.S.; as zuaended;
A.G. Opinions NOS. o-3916, O-4804.
Yours very truly,
ATTORHBY
GEHBRAL
OF TEltAs
By 23%4-efO-
Chester B. Olllson
CEO:mw Assistant