Mrs. B. B. Sapp. Director

Teacher Retirement System of Texas Tribune Building Austin. Texas

.’ Opinion No. V-1288 Re: Availability to the Teacher Retirement System of any appropriation from which the cost of actuarial services may be paid duringthe, Dear Mrs. Sapp: present biennium.

Your request for an opinion concerns the authority of the Board of Trustees of the Teacher Retirement System ‘topay for actuarial services outoffunds appropriated to the Teacher Retirement System in House Bill 426, Acts 52nd Leg., 1951, ch. 499. p. 1228, at p. 1424.

Inthe appropriation for the Teacher Retirement System, there appear the following items of appropriation:

u

. . 21. “For the Years Ending August 31,

.’ August 31. 1952 -1953

.Medical Board, Secretary to Medical Board, Medical Examination, Seasonal Help and Senate Bill 333, Acts ofthe 52nd [5lst] Legislature, Regular Session 18,580.OO 18.580.00 Total

. . . . . . . . $102,616.00 $102.616.00Mrs. B. B. Sapp. page 2 (V-1288)

‘22. Rental on equipment, bond premiums, postage, equipment, furniture, travel expense, telephone, telegraph, freight, printing, supplies, repairs. publications and contingencies 30.000.00 30.000.00 Grand Total -- Teacher Retirement -System of Texas

. . . $132.616.00 $132.616.00

‘For the purpose of carrying out the provisions of theAct establishing the Teacher Retirement System, there is hereby appropriated to the Teacher Retirement System of Texas for each ofthe fiscal years ending August 31, 1952. andAugust 31, 1953, all moneys collected andreceived by said System under the provisions of Senate Bill Ho. 47, set outbythe Regular Session of~the Forty-fifth Legislature andany amounts hereto [sic] andalso any balances onhandatthe end of each preceding fiscal year, together withall sums received by virtue ofHouse Bill No. 8, Forty-seventh Legislature.’ The above general appropriation following the several specific items of appropriation is sufficient to appropriate all unexpended balances in the Expense Fund set upby Subsection 7 of Section 8of Senate Bill 47, Acts 45th Leg., R.S. 1937, ch. 470. p. 1178, at p. 1193 (Art. 2922-1. V.C.S.). as “the fundfrom which the expenses of administration andmaintenance of the Retirement System shall be paid.” This is a statutory fundderived from the $1.00 per year membership fee exacted from the several members ofthe,Teacher Retirement System under then Teacher Retirement Act. This fund,,as one ofthe several funds established “under the provisions of Senate Bill No. 47

. . . by the Regular Session of the 45th Legislature, ” is appropriated by the general appropriation set outabove “for the purpose ofcarrying out the provisions of the Act establishing the Teacher Retirement System.” (Emphasis added.)

We think this underscored portion of the appropriation to the Teacher Retirement System is clearly sufficient to authorize theBoard of Trustees ofthe System to use the moneys thus appropriated to pay for the services ofthe actuary required by Section 6. Subsection (13), Article 2922-1. V.C.S. Cf. ArizonaMrs. B. B. Sapp. page 3 (V-1288)

Teachers’ Retirement System v. Frohmiller, 60 Arie. 485, 140 P.2d 43). By this Article, the Board of Trustees is expressly enjoined to designate anactuary to act as “the technical adviser of the State Board of Trustees on matters regarding the operation of the funds created by the provisions of this Act,’ to make periodic actuarial investigations “into the mortality, service, and compensation experience of the members and beneficiaries of the Retirement System,” andto do such other actuarial work as is necessary to the operation of the System.

You refer in your request to the fact that “upon the request ofthe Board of Trustees of the Teacher Retirement System,” the Governor vetoed Item 20 of the appropriation to the Teacher Retirement System, which provided $600 for “actuarial services.” The Governor’s veto message shows that this item, which was Debleted completely by the Governor, was vetoed for the reason that he hadbeen informed bythe Board of Trustees thatthe item was not needed since actuarial services could be paid for out of another fund. However, since, in our opinion, the payment of actuarial expenses is clearly authorized by the appropriation to the Teacher.Retirement System as enacted into law, “there is neither necessity nor ~justification for resorting to legislative history to interpret its meaning.a Ohio Power Co. v. N.L.R.B.. 176 F.2d 385. 387 (C.C.A. 6th 1949. cert. den. 338 U.S. 8991: BI -- Guardian Life Ins. Co.. 142.Tex.oard of Insurance Commissioners v. 630. 180S.W~.Zd906 119441: Weaver

‘Texas v. Texas h New Orleans Ry.; 42 S.W. i, 172s. w. W. 443 L3.

(Tex. error ref. w.0.m.); Larkin v. Pruett Civ. App. 1919); Ex

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Gs-ftice Co., 66 F.Zd‘855,. 858 (C. Co. v. Commissioner of Inter- -~. ~~~. -.A. 5tb 1931); General Atlas Sheunard. 37 F. SUPP. 51. 54 fW.0. Tex. 1940); In re ?Co.~Tit.Supp. 9%. 941 (E.-D. MO. 1943); .- - Boston v. Department of Public Utilities, 321 Mass.
Electric Co.~v. City of Bettendorf, 41 K.W.2d ?r’

.275 KY. 713. SO); City of Vanceburg v. Plummt 122S.W.Zd 772, 77t j (1938); Maryland Casualty Co. v. Sut ,&her land, 125Fla. 282, 169So. 679, 681 (1936); 39 Tex. Jur. 1 .61-162. Statutes, Sec. 88..-. - ,,,. _ _~_l .,.., .,,, ., . -.,. ~,,. ;,..
. ..~ ,-.. -~_c,___. ,..

Mrs. B. B. Sapp, page 4 (V-1288)

Itis our opinion, therefore, thatthe Board of Trustees of the Teacher Retirement System is authorized to pay for actuarial services out of the Expense Fund set upby Subsection 7, Section 8, Article 2922-l. V.C.S.. andappropriated in full byHouse Bill 426, supra, to the Teacher Retirement System.

This conclusion is supported byAtt’y Gen. Ops. O-1212 (1939) and O-1176 (1939). The former opinion dealt with the effect of an executive veto of several specific items inthe appropriation for the Highway Department. Following the listed specific items, inthatappropri.ation, there was an appropriation of “all funds coming into the,Xtate Highway Fund

. s . for the establishment of a system oftstate highways andthe construction and maintenance thereof.‘” Itwas held that by the veto of the specific items of appropriation, the amounts which would have been appropriated thereby merely became a part ofthe lump sum appropriation made by the general provision appearing atthe end of the appropriation for the department andthat the general appropriation ofthe entire fund was sufficient to enable the department to pay salaries therefrom.

InAttorney General’s Opinion O-1176, which also was concerned with the effect of an executive veto of an item in an

. . appropriataon bill, rtwas said that “the effect of the veto where exercised was to place the Examining Division appropriation in the same status as thoughthe vetoed items had never been included in thebiII as f&ally passed by the Legislature.” The opinionheld that the general appropriation ofmoneys derived from a specific source (‘all fees and assessments collected under authority of said Examining Law-) could be used to pay for a specific item whichahad been cohtained in the appropriation for theExamining Division of the Board,of Insurance Commissioners as passed by the Legislature butwhich hadbeen vetoed by the Governor. SUMMARY

The Board of Trustees of the Teacher Retirement System is authorized to payfor actuarial services out of the Expense Fund set upby Subsection 7. Section 8. Article 2922-1. V.C.S.. andappropriated in full by House Bill 426, Acts 52nd Leg., 1951, ch. 499, ,p. 1228, at p. 1424. Yours very truly, APPROVED: Everett Hutchinson PRICE DANIEL Attorney General Executive Assistant Charles D. Mathews First Assistant UAssistant