THE ATIT~RNEY GENERAL 

OF -XAS 

January 8, 1976 

Honorable Everett L. Anschutz Opinion No. H-759 

Executive Secretary 

Employees Retirement System 

of Texas Re: Whether credit 

P. 0. Box 12337, Capitol Station military service is 

for 

to be 

Austin, Texas 78711 counted when determining 

eligibility for judicial 

retirement. 

Dear Mr. Anschutz: 

You have requested our opinion concerning the construction 

of House Bill 887. Acts 1975, 64th Leg., ch. 522, p. 1367. 

The Bill amends article 622833, section ZA, V.T.C.S., to 

provide in part: 

Any contributing member of the Judicial 

Retirement System who has completed eight 

(8) or more years of service creditable under the Judicial Retirement Act . . . may 

receive creditable service for not more 

than forty-eight (48) months of federal 

military active duty service performed during time of armed conflict by paying to the 

Judicial Retirement System for deposit in 

the General Revenue Fund an amount equal to 

6 percent of his current monthly salary for 

each month of such military service established. 

Article 6228b, section 4, provides in part: 

Any person who has served on one (1) or 

more Courts of this State . . . for 

twenty-four (24) years or more at any 

time . . . shall likewise be entitled to 

retirement pay . . . . 

p. 3206 
The Honorable Everett L. Anschutz - page 2 (H-759) 

Your question is whether service credited under section 2A 

may be considered as service "on one (1) or more Courts of 

this State" within the meaning of section 4. 

Prior to its amendment, section 2A provided: 

The time served in the armed forces of 

the United States government during the 

time of war by any Judge coming within the 

purview of this Statute shall be credited 

to the length of judicial service, if such 

services in the armed forces of the United 

States government were during the elective 

tenure of such Judge. 

We believe it to be clear that creditable service obtained 

under the former section 2A would have been "credited to the 

length of judicial service" under section 4. Other statutes 

pertaining to credit in retirement systems for military 

service similarly define "creditable service." V.T.C.S. 

art. 6228a, 99 4A and 4G; V.T.C.S. art. 6228g, 9 2(11). We 

are aware of no legislative intent to restrict the definition 

of "creditable service" as used in the present section 2A. 

In the absence of such an intent, article 6228b should be 

given a "pro-beneficiary construction." Attorney General 

Opinion H-348 (1974); See Woods v. Reilly, 218 S.W.2d 437 

(Tex.SUD. 1949). Accoxnslv. it is our oDinion that Years 

credited for military serv&.under section 2A are to be 

considered years of service "on one (1) or more of the 

Courts of this State" for purposes of section 4. 

SUMMARY 

Military service credited under section 

2A of article 622813 should be considered 

as service on the Courts of Texas for 

purposes of section 4 of article 6228b. 

-Very truly yours, 

L. HILL 

Attorney General of Texas 

p. 3207 
The Honorable Everett L. Anschutz - page 3 (H-759) 

APPROVED: 

WAssiskf DAVID M. NDALL, 

-4 

C. ROBERT HEATHS , Ph=.**? “..LLI...I. 

Opinion Committee 

jwb 

p. 3208