OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Honorable John S. Rudd, Jr. 

Assistant Diraotor and Aotuarp 

Teaoher Rotlrement Sfstem of Texas 

Austin, Texas 

Dear Sir1 

.,. 

,.,, : 

_' 

.-.:!Wa hare 

in rhlobfou ask the 

lOWin& thr88 qU8atfOIlst 

.ox‘awardo made? 

(. 

. . i 

22 of Saotion 1 of the Teaoher Retirement _ 

Aot Vernon's Annotated Civil Statutes) proV1td8S as lollowst 

“(22) *Retirement* shall maan withdrawal 

from serVio8 with a retirement 0llOWanOe granted 

under the. provision6 ot this Aot." 

: . 
Ronorable John S. Rudd, Jr., Page 2 

Subseotion 1 of Se,otlon 5 reads as follower 

"1. Service Retirement Benefits. 

"Any member may retire upon written applioation to tha state Board or !!!rUEt8eS. btiX8- 

ment shall be OrrOotive ae or th8 end or the 

sohool year then Ourrent, provided that th8 said 

member at the time 80 spt30iriOd r0r his retlr8- 

ment shmll have attained the age or sixty (60) 

years and shall have oompleted twenty (20) or 

more years Of oreditable ~8rVi.00, and 

further that X0 retirement ehall be: 8f P+ eOt V8 

prior to Auaust 31. 1941. Any member in ~aervice who has attained the age of seventy (70) 

years shall be retired forthwith, provided that 

with the approval of his employer he may remain 

iII SBlTfO8." (Rmpheais fupplfed) 

Thus, It la seen that the statute speoirioally provides that n0 retirement beOous8 Or s8l'ViOe."shall b8 8iieOtive prior to August 31, 1941.“ 

.Subseotion 7 Of S8OtiOll 6 provid8s in part as fOllOws;.. 

"7. Optional Allowancea fOr'~S%rViO8 

Retirement. 

*With tha provision that no optional seleotion shall be erreotive in 0880 a benerloiary dies 

wlthdn thirty (30) days after retirement, and that 

suoh a benerioiary ehall be considered as en aotive mamber at the time or death, until the rlrst 

payment on acoouut Of .any 88~~108 benefit beoomas 

normally due, any member may elect to r8oeiVe his 

membership annuity In an annuity payable throughout life, or he. may eleot to receive the aotuttrfalequivalent at that time, of his membership annuity 

in a reducedmembership annuity payable throughout 

life with the provision that) 

"Option (l).~ * * *" 

Itls provided If a beneriolary dies within 30 days 

after retirement that no optional aeleotion shall be efreotive 

and that suoh benefiaiary shall be considered as an aotive mamher at the time of death. 
Honorable John S. Rudd, J-r., Pa'ge 3 

Subseotion~ of S8otion 5 reads In,part aa followar 

"6. Return'& kooumalated Contributions. 

"Should a member cease to be a teticher exaept by death or retirement under the provisions 

or this Aot, he shall be paid in full the amount 

of the aooumulated contributions standing to th8 

oredit of. his individual aouount lo the Teaohar 

Saving Fund. Should 8 member die befOX ratlrement, the ,amount of his aooumtiated oontrlbutiona 

atandlng to tha oredlt or his individual aooount 

shall b8 paid as provided by tha’lewe of.,desoent 

end distribution or Texas unless h8 has dir8Oted 

the aooount to be paid otharwise.~ * *'** 

_' ' 

If a-member dies within 30 days after rWiirem8nt;' 

then Subseotlons 6 and 7 plaoe him in the position oooupled 

by a mamber who died before retirement. Thererow. "the 

amount Or his aoOrmtulat8d oontrlbutlons Standing to the Credit 

of his individual aooount shall ba paid as.provlded by the 

laws or deSO8nt and ddstrlbutlon of TeIse unless h8 has dlreoted the acoount'tq be paid otherw~s8.W It roiiowfi that 

your first question is answered in the arriX3~tiV8~ 

We now turn to your second question, i7hare a.member has made en optional selebtion under Seotlon b(7); is 

the aotual reoelpt of' hls.flrst monthly payment a prerequlSit8 t0 the 8ff8CtiV8lleSS Of the option? be think not, The 

statute does not require It, end there would be no authority 

or justirioationto read it Into the statute. The retired 

member did not die mithin 30 days after retirement; end befOX8 the first payment beoame due, the member seleoted his 

option. It follows that a valid option was 8ffeOtad. Your 

aeaond questton is; therefore, answered in theafflrmetive. 

The person whom the member nominated or designated 

under the optio~nal a8l8otlon provisions would not be entitled 

or have th8 right to a monthly payment or the membership annuity until after th8~ retired member had died. The first 

payment b8Oam8 due while the retired~membber was living. You 
Eonoreble John Se Rudd, Jr., Pefie 4 

are r8epe~.tf&l.yadvls8~,~ therefore, that the September 30th 

payment should be paId to the edminiatrator of the deoeaSsd 

menbert estat8. 

very truly yours