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 and who 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, same being Ch. 417, 

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

“Section 1. Any teacher who has heretofore withdrawn his deposits from the 

Teacher Retirement System at Austin Texas, 

under provisions of the Teacher Ret i rement 

Law and who was employed in the public 

schools during the school year beginning 

September 1, 1952, or who returns to teaching prior to September 1, 1957, and who 

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so withdrawn plus all back assessments and 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 annum and 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 Re i 

veterans 0 

5. Because a large ‘number of 

thdrew their deposits from the 

irement Systen,~many of them 

Nf the U. S. Armed Forces w& 

have sin returned to teachins and are 

forced bier the Teacher Retirement Law 

to again become members of the Teacher 

Retirement System, . . .I’ (Rmphasis ours.) 

t.ion 110: 

It is stated in 39 Tex. 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 amendment are 

to apply to teachers who have 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 who are 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 

Any teacher who has heretofore withdrawn his deposit from the Teacher Retirement System and who was 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 depositing 
Mrs. B. B. Sapp, page 3 (S-84) 

the total amount so withdrawn and to receive 

credit for prior service. 

APPROVED: Yours very truly, 

Rudy G. Rice 

State Affairs Division 

JOHN BEN SHtiPPERD 

Attorney General 

W, V. Geppert 

Reviewer 

WIllis E. Gresham 

Reviewer 

Robert S. Trotti 

First Assistant 

By .&,,,, /f &-?d@ 

Sam C. Ratliff 

Assistant 

SCB:wb ~