OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN

L&w.. B. ii. slipp ibxeout ive 2ecretary Teacher lietirezient Gy.itemOf TaXa mstin, Texas

Dear We. SaRp:

t8 rromthe f Qleoharge?

1945, rending as r0 dated January 80,

s in the armed servBill 6OFi,weaocrpted hat shewas depositing stem borore she entered

**aa** been given an hotiorable disoharge

allowed to oontinue her payments ndone year thereafter, or will she inus her deposits from the date ot her disoharge?”

The language uaed in Eouse Bill 608 is somewhatamblguous, but wethink the Legislature meantthat an *de* F%&e anywar activity during the time t,heUnited 3 of war andfor twelve months theraafter fa all that should be oounted.This construction is emphasized bythe following language contained in Subeectisn (3) of jeotion 2andSubsection (d) of Leotion 5of 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 memberor thaTeaoher 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 warwork, 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 andfor 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 ArmedForces Reserve of the United States and their auxiliaries and/or in the servic? oi the Amerioan Red Cross eaa result ot having volunteered or having been drafted and/or oonsorlpted thereinto, or (2) la warwork as adirect reeult of having been drafted and/or oonsoripted into eald warwork, shall be permitted to oontribute eaoh year to the Retirement System, a cumnot to exceed the amount contributed by himto eaid RetirementSystem during the last year that hewss employed as a teacher under the provision8 of this Aot. The sum 80 contributed by such member andreceived by the Retirementsystem ehall be deposited by said Retirement system in the Teacher tiaving Fundto the oredit of the member*8 lndividucll aooount and shall be treated in the samemanner ae funda oontributed by the memberwhile hewas employed as a teacher under the provisions of this li0t.v

Construing these two subeections together, it is our opinion that a Beacher whois no lancer in anybranoh of the Ar71ed Forces cr their auxiliaries and/or ArmedForces keaerve of the~8. B. 8. Sapp, page 3

United States andtheir auxiliaries and/or in the service of tha American RedCross should not bep3rmitted to **make** any rurther paymente to the Teaohers' Retirement Punduntil she reeumea work ee a teacher. She is permitted to makepayments 

### notto exoeed the amountcontributed during the la& year shewea employed as e teaoher during the time she is in the Ar.medForoee or anyof the aotiviticre mentioned in subseotion (d), but after her dieoharge she **hue tha**  **etatur, of**  any unemployed **teacher.** If andwhenahe realllpsa her **work** a8a teaoher she will then oontrlbute five (5%) per cent of her salary, not to exoeed OneHundredand Eighty ($180.00) during anyone year.

Roth questions are answered in the negative.
**Yours very**  truly ATTORNEY

OENERAJ,

OFTEXAS

CFO:EP