August 

### 13,1953

Ph.-s.B. B. Sapp :.;xecutive Secretary Tc,:,cher Retirement .Systcn 01.’Texas Tribune building jlustin, Tc::as

Dear 1.2s. Sapp: Opinion No, 

### s-84 Re: Prospective or retroactive character of the requirement in Sena’te Bill 

### 168,Acts 53rd Legislature, 

### 1953,,that redepositing teachers must have been employed in the public schools for five consecutive years
. You have asked substantially the following questlon:



### 53rd

The emergency clause of the above mentioned Act states in part:

“Will teachers who taught the school year 1952-53 andwho teach four more consecutive years meet the five year requirement provided for in Section 1 of Senate Bill 

### 168?U Section 1, Senate Bill 

### 168,samebeing Ch. 

### 417, Leg., 

### 1953,p. 1014, states in part:

“Section 1. Anyteacher whohas heretofore withdrawn his deposits from the Teacher Retirement System at Austin Texas, under provisions of the Teacher Retirement Lawandwhowas employed in the public schools during the school year beginning September 1, 1952, or whoreturns to teaching prior to September 1, 

### 1957,andwho teaches five consecutive years, shall have the privilege of depositing the total amount so withdrawn plus all back assessments and dues together with simple interest thereon at 2h$ interest per annumand thereby receive credit for prior service and membership service rendered in the public schools and institutions of higher learning supported in whole or in part by the State. 1

. .”Mrs. B, B. Sapp, page 2 

### (S-84)

“Sec. teachers w Teacher Rei veterans 0 5. Because a large ‘number of

thdrew their deposits from the irement Systen,~many of them Nfthe U. S. ArmedForces w& have sin returned to teachins and are forced bier the Teacher Retirement Law to again become membersof the Teacher Retirement System,

. . .I’ (Rmphasis ours.)

t.ion 110: It is stated in 

### 39Tex. Jur. 205, Statutes, Sec-

., an act that is susceptible of more than one construction will be so interpreted as to secure the benefits in- #tended ‘

. . .I’ It is evident from the emergency clause that the benefits intended by the Legislature in this amendmentare to apply to teachers whohave already returned to teaching since their withdrawal from the Teacher Retirement System.

It is our opinion that the retroactive aspect of the words “who have since returned to teaching” coupled with the phrase “who are employed in the public schools~ during the school year beginning September 1, 1952” indicates that the five consecutive year period for teachers whoare employed during the school year beginning September 1, begins as of the date that they returned to teaching. 1952,

Therefore, it is our interpretation of this Article that teachers employed in the public schools during the school year beginning September 1, 19.52, are only required to teach five consecutive years from the date they returned to teaching, in order to be eligible to re-enter and receive the benefits provided for’in Section ,l, Senate Bill 

### 168. SUMMARY

Anyteacher whohas heretofore withdrawnhis deposit from the Teacher Retirement System andwhowas employed in the public schools during the school year beginning September 1, 1952, is only required to teach five consecutive years beginning as of the date. he returned to teaching, in order to have the p,rivilege of depositingMrs. B. B. Sapp, page 

### 3 (S-84)

the total amount so withdrawn and to receive credit for prior service. APPROVED: Yours very truly, RudyG. Rice State Affairs Division JOHN BENSHtiPPERD Attorney General W, V. Geppert Reviewer WIllis E. Gresham Reviewer Robert S. Trotti First Assistant By .&,,,, /f &-?d@ SamC. Ratliff Assistant

SCB:wb ~