OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 
!I I 
&+norablo John 8. Rudd, p-c s 

ma a prior-aanlco annuity towhlah hir ondltabl.o 

aorvio~ ana membership in the T8aahar Rotiment SYBtsl 

ontitled hipl under the provIaion5~of.tbla Aat.* 

SUb8OctiOn 3 cOntrOla thb queat~on aa to when a dieabflity r6,lraent IS to b5 made, tbaf 16, frOm thirty to 

ninatip days nert SollowIng the filing of ths aQplIoation. 

subration 1 governa when the ntlmant owe about by ~~8011 

of $ho tsacher*a having miohed thr l g8 of alxty yeara aad 

havj.qg the twenty Jama*. arrviaq moord. ti that oaae the retinmrnt bsoomoa arfeotlvr at 'the on6 of the ourrmt ash001 

P-a 'Ilh0 airr0rwe thus ma0 LB a moat. wuril MS. m8 

advent of phyaioU or men&l diaabillty take8 no l ooount of 

my nna for: the teaohar to finIah out the aahool yeam Under 

mbaoctlon 4, if the tmoher who 18 thus beinks rotIre& on l oaount of aIaabllIty la sixty yeara of a&e or ls0r5 hla illowano5 

will ba 88 for ar~loe rrtirsmmt. A5oorbislgly your firat 

pu88tiao.ia anawc+8a 3.n thr 8rrimrtiv~. 

w@ no* p#tDS to I COB8idW'diOB Of yb\rr 86MBd QU88- 

tIOB. Xotiag in pertto\ilar tbs laat manteioe of wbaaotlon 1, 

la a man who attUna aavonty yam8 of a60 subject to tha provlaI0n In tha IamodI5tely p*Dcteding 55ntowe rslativa to rotiremant being affaOtiv5 as of tha 55d Of the ourmnt aehool 

year?, Or, do08 the prwlaioa that ha shall ba retindi aforthwi#n 

ueut that ha shall be rstlmd at oaaa upon r5aohiB(1 the we 

of aava5ty, whether aohool la In l ea a Ioor ~ a&? 

The word Yor$hwIth* haa n6 wall d~fiaad meaning. 

UUle it boos not naooaaarily amn inatmtaneau8ly or st e 

time IameQiately auoowling dthout an Interval (A&arson ta. 

Ooff, 1s Pao. 19, OaL; Luoaa ~5~ katera Union, 109 H.W. 

19S, IOwd, it do86 5dGu to ha08 a nom matrioted BleardUg 

th5n amaaoneb15 tIa5* aa that tern Is ordizurily una, 

bownr va. Atkinaaa, 148 8.1. 78, Ho. App. From Aztetia ?a. 

Woloh, '?S S.W. 881, Sdo. Antonio Oourt of Uiril Apperla, 10 quoter 

~Ihi5 brlnga ua to th5 55aoad queatfon In the @a@@-- 

was the mortgage Sorthwitb deposited with and riled In 

th5 Offlob or the otxmty alark? Za Xaeknay v. Sahow (F5x. 

Div. App.) 53 f&W. 914, In aonsld5ring the maanlng of tlm 

word *forthwith* aa used $n Rw. St. art. iSW3, the aouxt 

aayaa *lhe tam *forthwith* is an Ymporativi term, aad: 

owtainly admits of no uIumof6aary drla~,~ Yr. Wibbater 

t:;yt;,e tom aa maaniag inoaiatelyt nithout delay; 

Bouvlerr 4As 8ooa a8 the thing my 60 done by 
Ronorable Johns. Rudd, Page 4 

reasonable exertion confined to that ob,jeot." Hr. 

Rapalje and Mr. Blaok also give this definition, substantially. * * * 980. 8 Am. & Eng. Enc. Law,, p. Bll, 

and notes, the term being thus defined in the text as 

meaning 8immediately; within reasonable time; with all 

reasonable celerity." Indeed, as was said by our Supreme 

Court in the opinion by Chief Justioe Gaines In the aase 

of Baker Y. Smelser, 88 Tex. 2.6, 29 S.W. 377, 33 L.R.A. 

163, the term "has been too orten construed to require 

dlsouss~on." It will be suff'icient to say that in the 

ease clted.the term, as used in our ohattel mortgage 

statute, was defined to mean,"with all reasonable 

diligence a& dispatch.**" 

nForthwlth,W as used in statutes regulating official 

duties, has generally b&i oonstrued as meaning that the duty 

in to be performed proi!i@f&y and with all oonvenient dispatch, 

but this requirement is &lways modlried br the oiroumstanoeta 

and the nature of the duty to be p8rfOrXQ8d. Gum vs. LanUq 

87 M.W. 999, N. Dak:; ldofrat YB. Diokson, 3 Colo. 313; 

Does the use 0r the wrxd "forthwith in aaid last 

eentenoe or subsection 1 mean anything? If' that word had been 

left out retirement would be as of the end of’ the aurreat sohool 

We believe it was inserted ror cane rea8on.F If it haa 

~~~&aning at all it Is that the retirement will be effeotive 

immediately, without regard,:to the time the sohool year is to 

endi If the retirement oomes at a time when it would aerlouuly 

arieat the welfare of the schobl, a remedy le. provided, he may 

remain In service with the approval of the employer. We therefore hold that a teacher who has attained the age or seventy 

years may b8 retired at any time during the sohool year, in 

answer to your seoond question. 

Vie will now oonoern ouraedxes with your third 

question. It is mad8 olear in more than one plaoe that tyenty 

Or more year8 of prior oreditable eervloe on the part Of a 

teacher is a requisite to his retirement on dieability 

allowanoe. Derinition (24), Seotion 1, R,B. 1016; subseotlon 

3, Seotlon 2. id. '~Th@ only oth8r~'requlrement for a man to 

draw service retirem8nt benerits other than to beoome silty 

years of age is that h8 have the twenty years prior SerViOe 

reoord. Derinition (ZS)i Se&ion 11 Seotion 2, subsection 1. 

From a reading 0r the Aat as a whole we are oonVinoed that it is oontemplated that members who have attainsd 

the age of sixty years, if retired, shall be awarded serviO8