NEYGENERAL 

TEXAS 

AUSTIN. TEXAS 

0otober 18, 1949 

Hon. B. B. Sapp, Dlr8otor 

and Exeoutlre Seoretary 

Teaoher Retirement 

System of Texar 

Awtln, Texas 0p1lli0n Ilo. v-937. 

38: The eliglblllty OS a 

mima teaoher ta moelve retirement bewfits after having been 

granted diaabilltj 

Dear Mrs. Seppt benefits. 

We refer to yolar letter whloh states in substance: 

John Doe, age iifty (50), with thirtyone (31) year8 oreditable mmviee, made applioatlon for disability retirement although 

he wan eligible $or service retireslent, and 

the mai0ai Board granted alsabillty baneflta. 

He has not attained the age of 60. 

Can dlrrabilitF payments be diaoontluued 

at hia request in order that his aooount me7 

ba re-established, thereby making hLm eligible to make appllcatlon for aepvlm retirement? 

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 application to the State Board of Truatefaa . . . 

Any member with thirty (30) years of oreditable serrioe may ret+* at any time Pegardless 

of the age obtained e . . Any member who has 

eooepted service retirement shall be imligible and disquallfled to remma end/or oontiuue 

employment In the przbllo sohools of Texan, and 

~&JO #hall be Ineligible, and dlaqaal~fled to 

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~world oonfllot 

and SOP twelve (12)'months thereafter, aa 

above apeoliied, shall iorfeit a,l& fi@its as 

a rstlred teacher end any and all olalma to 

any retirement bsueflta under this Aot. . .' 

Under the sutmltted fasts John Doe having had 

thirty-one (31) years of' oreditable servloe, oould hays 

applied for pensatient servise rstirsment rather 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 disability rstlrsment. 

Se&ion 5 of the Teachers Betlmmnt Aat oonoernlng disability retirement benefita, provldes In part: 

?Jpon the applloation of 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 allowanse provlded 

that the Medical Board, (80s. 6, subd.(12)) 

alter a medloal examination of swh member, 

shall oertlfy that suoh member is mentally 

or physiaallg lnoapaoltated for the further prformaaoe of duty, that rush inoapeoity 1s likely to be permanent, and that 

swh member shall be retired." (Subd.3). 

*Upon rstlrsment for dlsablllty a member ahall raselvs a O e a disability IW?- 

tlrement allowance . . ." (Subd.4). 

"Should the Iledloal'Board report and 

oertlfy to the State Board of Trustees that 

suoh dlsablllty benefloiary is no longer 

physically or mentally lnsapaoltated for the 

performanae of 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 di88bllitY beabflai8rJr under 

the age of sixty (60) years be restor to 

-. 
r 

, 

Eon. B. 8. Sapp, page 3 (V-937) 

r 

,Iaetlve aervlae, his retirement allowance 

shall oease, he shall egaln bsooms m member 

of the Retirement System, and any reserves 

ou his memberskip annaity at that time in 

the membership Annuity Reserve Fund shell 

be treusferred to 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 

restoration to membership, any prior-servlqe 

certlfIoste on the basis of whioh his service was oomputsd at the time of his retirement shall be restored to full foroe 

and effect, aud in sdaition, upon his subsequeut retirement he shall be credited 

with all his membership servloe. Blo member eligible to retire for servioe et aixty (60) years of age shall be allowed to 

retire on a disability ellowance . . ." 

(Subcf.5 (b)). 

Under the quoted provisions of Seotion 5, owe 

8 member mekes mpplloatioa for disablli.ty retlrsment 

benefits, and haa been oertlfied by the Redioal Board 

and mpproved by the State Board of Trustees, he becomes 

a disability beneficlery under the Aot as dlstingulshed 

fr o m l ~member of the Retirement System. Be rsmeins in 

that status until he attains the age of sixty when he 

automatioellg bsaomss retired for servloe (A.G.OpInlon 

X0.0-3834) or until he is rsstored to satlve servloe 

and membership status upon oertifioation of the Medical 

Board to the Board of Trustees that he is no longer inoapaoltated for performance of duty and the Trustees 

vote to ct5ncur in 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 neaeasmry for restorrtion of his membership status in the 

Retirement Syatene. The Aot whiah changes the stetus of 

an motive or aontributlug msmber to that of a retired 

member Is the order or resolution of the Boerd of Trustees. Likewise, the Aot which ohenges the status of a 

dismbility beneficiary to that of an motive member is 

the order OP resolution of the Board of Trustees. 

Under the faots submitted, the teaoher member 

mode applioation for dlseblI.lty retirement benefits mud 

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 retlrsmsnt bensflts, 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~s own life, or one of three 

options uader any one of which he would raeelse a rsduoed allowenoe during his lifetime with pmyment of a 

certain amount theraafter to a beaeficiary to be seleated by the mpplioant. Sea.5, aubd.7, of Art.2%?2-1, V.C.S. 

If 8 ternsher, age fifty, with thirtyone yews orsditmble servloe In the Teaoher 

Retlrsment System; mpplied for, waa grmnted 

disability retirement benefits, mnd hoe not 

beea restored to aative sarviee and memberahlp 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.Oplnlon no.O-3834. 

CEormw 

Yours very truly, 

A!tTORBgP@EBgRAL OFTgXAS 

Cheater R. Olllson 

Assistant 

FIRST ASSISTART 

ATTO~GRRRRAL 

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