"P‘HEATTORNEY GENERAL 

OFTEXAS 

PRICE DANIEL 

ATTORNEY GENERAL 

AUHTlN 11. TExas 

October 8, 1949 

Hon. B. B. Sapp, Director Opinion X0. V-926. 

and Executive Secretary 

Teacher Retirement Re: Employment of a person 

System of Texas who receives service 

Austin, Texas retirement benefits Un-- 

der Art. 2922-1, V.C.S., 

by boards, agencies, or 

departments covered by 

the Teacher Retirement 

Dear Mrs. Sapp: Law. 

We quote from your recent letter: 

"Section 5, Sub-section 1, of the Teacher 

Retirement Law reads in part as follows: 

11 8 Any member who has accepted 

service ie&ement shall be ineligible and 

disqualified to resume and/or continue employment in the public schools of Texas, 

and also shall be ineligible, and disqualified to be otherwise employed in the public schools of this State; . . .' 

'We have interpreted this to mean that after a person has accepted retirement benefits, he cannot be employed in any capacity by boards of common school districts, 

boards of independent school districts, 

county school boards, State Board of Trustees, State Board of Education and State 

Department of Education, boards of regents 

of colleges and universities ,P and any other legally constituted board or agency of 

an educational institution or organization 

supported wholly or partly by the State. 

"Are we correct in this interpretation?" 

We are informed that you are not here concerned with the employment of persons retired on August 31, 

1942, and prior thereto, who are permitted under other 
Hon. B. B. Sapp, page 2 (V-926) 

provisions of Subsection 1 of Section 5 to resume employment in the teaching profession. Since Attorney 

General Opinions numbered O-7155 and V-554 discuss in 

detail such employments, we shall not consider that 

matter. 

Prior Attorney General Opinion No. o-5097, 

dated February 15, 1943, which was rendered before the 

above quoted provision of Subsection 1 of Section 5 

was incorporated into the Teacher Retirement law, held 

that a person retired for service might not be reemployed as a teacher under the Act. This opinion said 

further that it was clear that the Legislature intended 

that a person retired for service shall not be reemployed as a teacher. More recent Opinion No. V-554 

dated August 6, 1948, points out that this legislative 

intention was announced in clear and unequivocal language by the insertion in the Teacher Retirement Law 

of the provision you quote and otharsrelated thereto. 

The term "teacher," as defined for purposes 

of the Teacher Retirement Law, is much broader than the 

term normally connotes. Subsection (3) of Section 1, 

Article 2922-1, V.C.S., reads: 

"'Teacher' shall mean a person employed 

on a full-time, regular salary basis by boards 

of common school districts, boards of independent school districts, county school boards, 

State Board of Trustees, State Board of Education and State Department of Education, boards 

of regents of colleges and universities, and 

any other legally constituted board or agency 

of an educational institution or organization 

supported wholly or partly by the State. In 

all cases of doubt, the State Board of Trustees, hereinafter defined, shall determine 

whether a person is a teacher as defined in 

this Act. A teacher shall mean a person rendering service to organized public education 

in professional and business administration 

and supervision and in instruction, in public 

schools as defined in Subsection (2) of this 

Section." 

Persons included in this definition, save for 

specified exceptions, are covered by the Teacher Retirement System Law and are members of the retirement system 
. . 

Hon. B. B. SaPP, page 3 (v-926) 

as a condition of their employment. sec. 3, subd. (2), 

as amended. 

The 51st Legislature in Senate Bill I?o. 333, 

made auxiliary employees eligible for membership in the 

Teacher Retirement System and defined R8uxillarg employees" (Subset. (3a), Sec. 1, Art. 2922-l) as follows8 

"'Auxiliary employee' shall mean a 

person, other than a 'teacher' as hereinabove defined, employed on a full-time, 

regular salary basis by a comaon district, 

independent school district, county school 

board, the Teacher Retirement System of 

Texas, State Board of Education, State Department of Education, boards of regents 

of colleges and universities, and any other legally constituted board or agency of 

an educational institution or organization 

supported wholly or ,partly by the State. 

Provided, however, that no person who is 

employed by the State Board of Control in 

eleemosynary institutions under its control, shall be considered to be an 'auxiliary employee' within the contemplation of 

this subsection. In all cases of doubt, 

the State Board of Trustees shall determine whether a person is an aL+liary employee as defined by this Act. 

Such persons, save for certain exceptions, 

will be covered by the Teacher Retirement System Law 

and become members of the system as a condition of 

their e 

Subd. (4 l-7 (a) and (b), Art. 2922-1, as amended. 

loyment. Sec. 3, Subd. (3) (a), (b) and (c), 

Subsection 1 of Section 5, as quoted herein, 

concerns any member who has accepted service retirement, be he amed "teacher' member or a retired 

"auxiliary employee" member. In substance it. provides 

that any such member is ineligible and disqualified to 

resume employment in the public schools and ineligible 

and disqualified to be otherwise employed in the public schools of Texas. This clearly maxim that such 

retired member shall not resume or continue employment 

in any capacity in the public schools of Texas, and 

such retired member is disqualified for employment in 

any capacity in the public schools of Texas. Since retired members are thus made ineligible for employment 
Hon. B. B. Sapp, page 4 (V-926) 

in the public schools it follows that the bo'ards (designated in Subset. (3j and (3a) of Sec. 1) are precluded from employing any such members in any capacity. 

The term "public school," as defined for purposes of the Teacher Retirement Law, is much broader 

than the term normally connotes. Subsection (2) of 

Section 1 of Article 2922-1, V.C.S., reads: 

"'Public School' shall mean any educational organization supported wholly or 

separately by the State under the authority and supervision of a legally constituted board or agency having authority and 

responsibility for any function of public 

education.' 

By,virtue of this definition the State Board 

of Education, the State Department of Education, State 

Board~of Trustees of the Teachers Retirement System of 

Texas, and the State Colleges and Universities are included in "public schools of Texas" as provided in subsection (2) of Section 1, when considered along with 

;;;;e;tiy; (3), (3a), and (5) of Section 1, Article 

-9 * .S., as amended. 

Therefore, in the light of the law and the 

opinions above considered, it is our conclusion that a 

person who has accepted service retirement under the 

Teacher Retirement Law cannot lawfully be employed in 

any capacity by boards of common school districts, 

boards of independent school districts, county school 

boards, State Board of Trustees (Teacher Retirement 

System of Texas), State Board of Education and State 

Department of Education, boards of regents of colleges 

and universities or any other legally constituted board 

or agency of an educational institution or organization 

supported wholly or partly by the State. 

Because of the plain provisions of the 

Acts of the Legislature, a person who has 

accepted service retirement under the Teacher Retirement Law cannot lawfully be employed in any capacity by boards of common 

school districts, boards of independent 

school districts, county school boards, State 

Board of Trustees (Teacher Retirement System 
. . 

Hon. B. B. Sapp, page 5 (V-926) 

of Texas), State Board of Education and State 

Department of Education, boards of regents of 

colleges and universities or any other legally constituted board or agency of an educational institution or organization supported 

51st Leg.; A. G. Opinions O-5097, V-654. 

Yours very truly, 

ATTORNEY GENERAL OF TEXAS 

CEO:mw:bh 

Chester E. Ollison 

Assistant 

APPROVED 

G+ 

2,/L--JFIRST ASSISTANT 

ATTORNEY GENERAL