February 18, 1975 

The Honorable Everett L. Anschutz 

Executive Secretary 

Employees Retirement System of 

Texas 

Box 12337, Capitol StatiDn 

Austin, Texas 78711 

Opinion No. H- 531 

Re: Employees Retirement 

System computation of credit 

for military service. 

Dear Mr. Anschute: 

You have requested our opinion concerning the construction of 

article 6228a, section 4-G, V. T. C. S., insofar as it allows retirement 

credit to be granted for “full months in actual service” in the military. 

Article 622ga, section 4-G, provides in pertinent part: 

Any.person applying for credit authorized by 

this subsection, shall pay to the Employees 

Retirement System a sum equal to the number 

of full months in actual service. . . . (Emphasis 

added). 

The word “full” was added by Acts 1973, 63rd Leg., ch. 394, p. 871. 

You state in your request that prior to this amendment you construed 

“month” to mean “calendar month” as required by article 23(15), V. T. C, S, 

You state that you: 

. . * used the spare days in the calendar months at 

the beginning and end of a member’s military service . . . [and] if the spare days totaled 30 or more 

[you] counted an extra ‘so called’ calendar month, 

[thereby creating] a calendar month for administrative purposes. 

p. 2393 
.í l 

The Honorable Everett L. Anschutz page 2 (H-531) 

However, upon the addition of the word “full” to article 6228a, section 4, 

you have ceased giving credit for partial months which total 30 days, 

construing “full” to require complete months as they appear on the 

calendar. 

It is well established that the word “month” is to be construed as 

“calendar month. ” V. T. C. S. art. 23(15); Gardner v. Universal Life & 

Accident Ins. Co. , 164 S. W. 2d 582 (Tex. Civ. App. --Dallas 1942, writ 

dism’d);Attorney General Opinion O-1492 (1939). However, “calendar ’ 

month” is subject to two different constructions. It may be construed as 

complete months as they appear on the calendar: for example, under 

this construction there is one calendar month in a period from September 

4 to November 4 (viz. October). It may also be construed as a period 

from a given day in one month to a day of the corresponding number in 

the next month. A period from September 4 to November 4 would thereby 

include two calendar months. 86 C. J. S. Time $10. 

It is apparent that you have construed calendar month to mean 

complete months as they appear on the calendar. There is some authority 

for this construction. See Ex Parte Neisler, 69 S. W. 2d 422 (Tex. Grim. 

App. 1934): Chrvsler Corporation v. Delaware, 163 A. 2d 239 (Del. 1960). 

The great weight of authority, however. construes “calendar months” otherwise. Gardner v. Universal Life & Accident Ins. Co., supra; Attorney 

General Opinion O-1492 (1939); Fogel v. Commissioner of Internal Revenue, 

203 F. 2d 347 (5th Cir. 1953); Krajniak v. Wilson, 249 A. 2d 249 (Conn. 1968) ; 

Odom, 130 

Ark. 1944); 

Brown v. City of Omaha, I,37 N. W. 2d 814 (Neb. 1965); Odom v. 

So. 2d 10 (Ala.1961); Parseghian v. Parseghian, 178 S. W. 2d 49 (, 

Minard V. Burtis, 53 N. W. 509 (Wis.1892); c.f. Siebert v. Sally, 238 S. W. 

2d 266 (Tex. Civ. App. --Galveston 1951, noTit); Price v. Wood, 88 S. W. 

2d 530 (Tex. Civ. App. --Beaumont 1935 , no writ). 

“Calendar month” is defined in these cases as a period of time 

“from a given day in one month to a day of the corresponding number in 

the next or specified succeeding month. ” Gardner v. Universa,l Life & 

Accident, supra at 583. If the specified succeeding month contains no 

day of the corresponding number, a calendar month ends on the last day 

of that month. Odom v. Odom, *, (e.g. August 31, 1974 to April 30, 

1974 is seven calendar months). 

p. 2394 
The Honorable Everett L. Anschutz page 3 (H-531) 

Generally, a calendar month is not completed until the corresponding day in the next month. However, we are aware that military service 

is usually completed on the day preceding the day numerically corresponding to the starting day. Whether the first and last days of a period should 

be counted depends on the facts of the particular case, for courts will 

adopt the construction that will uphold bona fide claims. Hazlewood v. 

Rol(an, 67 S. W. 80 (Tex. Sup. 1902); Hill v. Kerr, 14 S.W. 566 (Tex. Sup. 

1896); Watkins v. P. J. Willis & Bro., 58 Tex. 521 (1883); O’Connor v. 

Towns, 1 Tex. 107 (1846); Eyl v. State, 84 S. W. 607 (Tex. Civ. App. 

1904~; writ ref.). 55 Tex. Jur. 2d Time 5 8. Statutes involving a question 

of first and last days of a period should be given “such a construction . . . 

as would operate most to the ease of parties entitled to favor, and by 

which rights would be recured . . . . ‘I O’Connor v. Towns, supra at 114. 

In Attorney General Opinion H-348 (1974), we noted that statutes 

providing retirement benefits are to be liberally construed so as to 

secure the benefits &tende& 53 Tex. Jur. 2d Statutes 5157. See Woods 

-- 

v. Reilly, 218 S. W. 2d 437 (Tex. Sup. 1949); Teacher Retirement System 

v.~ Duckworth, 260 S. W. 2d 632 (Tex. Civ. App. --Ft. Worth 1953), 

opinion adopted 264 S. W. 2d 98 (Tex. Sup. 1954). In addition, the cases 

interpreting “calendar months ” have dealt with procedural time limitations and contract clauses. We feel that an evaluation of the duration of 

military service involves a quite different situation, one where the first 

day of service should be considered as a complete day. In conjunction 

with the state’s public policy concerning beneficial statutes, these 

circumstances compel a modification of the general rule. Accordingly, 

it is our opinion that in the context of military service a calendar month 

is a period of time from the starting day to the day preceding the numerically 

corresponding day in the next month. 

The addition of the word “full” to article 6228a, section 4, compels 

no different conclusion. The amendment’s bill analysis which was before 

the Legislature expresses no such purpose. Senate Bill 899 (1973) (Bill 

Analysis). In our opinion, the word “full” was intended to expressly exclude 

partial calendar months from the operation of section 4. For example, an 

employee who served in the military from August 15, 1958 until October 13, 

1960, may pay the system for 25 calendar months of service, but not for 

25 and 29130 months. 

p. 2395 
The Honorable Everett L.Anschutz page 4 (H-531) 

SUMMARY 

“Full months” as used in article 6228a, 

V. T. C. S., means full calendar months. The 

number of full calendar months included in a 

period of military service is the number of 

monthly segments from the starting date to 

the last day of the period which directly precedes a date numeridally corresponding to 

the starting date. 

Very truly yourrr, 

Attorney General of.Texas 

DAVID M. KENDALL, First Assistant 

Opinion Committee 

p. 2396