Honorable Robert S. Calvert Opinion No. M-1181

Comptroller of Public Accounts State Finance Building Re: Eligibility of former State Austin, Texas 78711 employee for Texas Ranger Pension. Dear Mr. Calvert:

You have requested our opinion on the eligibility of a former State employee to receive a Texas Ranger Pension provided by theprovisions of Section 66ofArticle XVI of the Constitution of Texas andArticle 6228e,Vernon's Civil Statutes, under the facts submitted.

The file enclosed with your request reveals the following facts concerning the applicant. The applicant was employed as a regular Texas Ranger from July 1, 1919, toAugust 31, 1921. The applicant was employed as a State employee by the Texas Employment Commission fromMarch 20, 1951, through August 23, 1952. Following his employment by the Texas Employment Commission, the applicant withdrew from the Employees Retirement System of Texas andwas refunded the total amount standing tohis credit in the Employees Retirement System of Texas. You have determined that under these facts the applicant isnot eligible for a Texas Ranger Pension by reason of the provisions of Section 66ofArticle XVI of the Constitution of Texas and Article 6228e,Vernon's Civil Statutes. We agree with your conclusions.

At the election inNovember, 1958, Section 66ofArticle XVI of the Constitution of Texas was adopted and provides inpart:

"TheLegislature shall have authority toprovide for a system of retirement and disability pensions for retiring Texas Rangers who have not been eligible at any time formembership in the Employees Retirement System of Texas as that retirement system was established by Chapter 352, Acts of the Fiftieth Legislature, Regular Session, 1947, and who have had asmuch as two (2)years service as a Texas Ranger, and to theirwidows; providing that nopension shall exceed Eighty

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Dollars ($80)permonth to any such Texas Ranger or his widow, provided that such widow was legally married prior to January 1, 1957, to a Texas Ranger qualifying for suchpension." (Emphasis added.) Article 6228e,Vernon's Civil Statutes, likewise provides inpart:

"Section 1. (a)Pensions to Former Texas Rangers. Apension of Eighty Dollars ($80.00) per month shall bepaid to each former Texas Ranger who meets the following conditions: II

. . . "(2)He has not been eligible at any time formembership in the Employees Retirement System of Texas;" Under the facts submitted the applicant was not only eligible formembership in the Employees Retirement System of Texas, butwas amember of the Employees Retirement System of Texas from March 20, 1951, through August 23, 1952.

Since the provisions of Section 66ofArticle XVI of the Constitution of Texas and the enabling act (Article 6228e, Vernon's Civil Statutes) limit thepayment of such pension **to** those retiring Texas Rangers who have not been eligible "atany time" formembership in the Employees Retirement **System of**  Texas, vou are advised that the file attached tovour reauest reveals that the applicant Ranger Pension.

A former State employee who was eligible tobe amember of the Employees Retirement System of Texas isnot eligible to receive a Texas Ranger Pension under the provisions of Section 66ofArticle XVI of the Constitution of Texas andArticle 6228e, Vernon's Civil Statutes. .e

inquestion is not eligible to receive a Texas

SUMMARY

Attorney General of Texas **-5767- ‘** **-**Hon. Robert S. Calvert, page 3

Prepared by John Reeves Assistant Attorney General APPROVED: OPINION COMMITTEE
Kerns Taylor, Chairman W. E.Allen, Co-Chairman Bob Davis James Maxwell Charles Lind Roland Allen
SAMUEL D.MCDANIEL Staff LegalAssistant
ALFRED WALKER Executive Assistant
NOLA WHITE First Assistant (~-1181)

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