OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

L&w.. B. ii. slipp 

ibxeout ive 2ecretary 

Teacher lietirezient Gy.item Of TaXa 

mstin, Texas 

Dear We. SaRp: 

t8 rrom the 

f Qleoharge? 

1945, rending as r0 

dated January 80, 

s in the armed servBill 6OFi, we aocrpted 

hat she was depositing 

stem borore she entered 

aa been given an hotiorable disoharge 

allowed to oontinue her payments 

nd one year thereafter, or will she 

inus her deposits from the date ot 

her disoharge?” 

The language uaed in Eouse Bill 608 is somewhat amblguous, but we think the Legislature meant that an 

any war activity during the time t,he United 3 *de* F%&e 

of war and for twelve months theraafter fa all that should be 

oounted. 
This construction is emphasized by the following 

language contained in Subeectisn (3) of jeotion 2 and Subsection (d) of Leotion 5 of House Bill 602, which aeotione 

read as follows: 

v(3) Rowever during the time the United States 

IE in a state or war and ior a period of twelve (12) 

months thereafter, time spent by a member or t ha Teaoher 

titirement System (1) in the Araed Foroen of the United 

states of America and their auxiliaries and/or the Armed 

Foroee Reserve or the United Staten oi Amerioa and their 

auxil1arlee and/or in the Irervice of the Anwrioan Red 

Cross as a reeult of havin$ volunteered or having baen 

drafted and/or ooneorlpted thereinto, or (2) in war work 

aa a direct result of having been drarted and/or oonaorlpted 

into eaid war work, shall not be construed ae absent from 

service insofar as the provisions of this Act are oonoerned, but ehall oount toward membership servloe.’ 

(Rmphaelo ours) 

v(d)During the time that the United States 1s in 

a state of war and for twelve (12) months thereafter, a 

member of the Teaoher Rstirement System (1) in the Ar.*d 

Forces of the United States or their aux1lIarie8 and/or 

in Armed Forces Reserve of the United States and their 

auxiliaries and/or in the servic? oi the Amerioan Red 

Cross ea a result ot having volunteered or having been 

drafted and/or oonsorlpted thereinto, or (2) la war work 

as a direct reeult of having been drafted and/or oonsoripted into eald war work, shall be permitted to oontribute eaoh year to the Retirement System, a cum not 

to exceed the amount contributed by him to eaid Retirement System during the last year that he wss employed 

as a teacher under the provision8 of this Aot. The sum 

80 contributed by such member and received by the Retirement system ehall be deposited by said Retirement system 

in the Teacher tiaving Fund to the oredit of the member*8 

lndividucll aooount and shall be treated in the same manner 

ae funda oontributed by the member while he was employed 

as a teacher under the provisions of this li0t.v 

Construing these two subeections together, it is our 

opinion that a Beacher who is no lancer in any branoh of the Ar71ed 

Forces cr their auxiliaries and/or Armed Forces keaerve of the 
~8. B. 8. Sapp, page 3 

United States and their auxiliaries and/or in the service of tha 

American Red Cross should not bep3rmitted to make any rurther paymente to the Teaohers' Retirement Pund until she reeumea work ee 

a teacher. She is permitted to make payments not to exoeed the 

amount contributed during the la& year she wea employed as e 

teaoher during the time she is in the Ar.med Foroee or any of the 

aotiviticre mentioned in subseotion (d), but after her dieoharge 

she hue tha etatur, of any unemployed teacher. If and when ahe 

realllpsa her work a8 a teaoher she will then oontrlbute five (5%) 

per cent of her salary, not to exoeed One Hundred and Eighty 

($180.00) during any one year. 

Roth questions are answered in the negative. 

Yours very truly 

ATTORNEY OENERAJ, OF TEXAS 

CFO:EP