### "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 retirementbenefits Un-- der Art. 2922-1,V.C.S., by boards, agencies, or departments 

### coveredby 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 shallbe ineligibleand disqualified to resume and/or continue employment in the public schools of Texas, and also shallbe ineligible,and disqualified to be otherwise employed in the public schools of this State;
. . .'
'Wehave interpreted this to mean that after a person has accepted retirementbenefits, he cannot be employed in any capacity by boards of common school districts, boards of independent schooldistricts, county schoolboards, State Board of Trustees, State Board of Education and State Department of Education,boards of regents of colleges and universities ,Pand any other legally constitutedboard or agency of an educational institution or organization supportedwholly or partly by the State.
"Arewe 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 otherHon. B. B. Sapp, page 2 (V-926)

provisions of Subsection 1 of Section 5 to resume employment in the teachingprofession. Since Attorney General Opinions numbered O-7155 and V-554 discuss in detail such employments,we shallnot consider that matter. PriorAttorney General OpinionNo. o-5097, dated February 

### 15,1943,which was renderedbefore the above quoted provision of Subsection 1 of Section 5 was incorporated into the Teacher Retirement law, held that a person retired for servicemight not be reemployed as a teacher under theAct. 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 intentionwas announced in clear and unequivocal language by the insertion in the Teacher Retirement Law of the provision you quote and otharsrelatedthereto.

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'shallmean a person employed on a full-time, regular salarybasis by boards of common school districts,boards of independent school districts, county schoolboards, State Board of Trustees, State Board of Education and State Department of Education, boards of regents of colleges and universities,and any other legally constitutedboard or agency of an educational institution or organization supportedwholly or partlyby 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 shallmean a person rendering service to organizedpublic education in professional and business administration and supervisionand in instruction, in public schools as defined in Subsection (2) of this Section."
Persons included in this definition, save for specified exceptions, are coveredby 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 employeeseligible for membership in the Teacher Retirement System and defined R8uxillargemployees" (Subset. (3a),Sec. 1, Art. 2922-l) as 

### follows8

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

### regularsalarybasis 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 constitutedboard or agency of an educational institution or organization supportedwholly or ,partly by the State. Provided,however, that no person who is employedby the State Board 

### ofControlin eleemosynaryinstitutionsunder its control, shallbe considered to be an 'auxiliary employee'within the contemplationof this subsection. In all cases of doubt, the State Board ofTrustees shall determine whether a person is an aL+liary employee as defined by this Act. Such 

### persons,save for certain exceptions, will be coveredby the Teacher Retirement System Law and become members of the system as a condition of their e Subd. (4 (a) and (b),Art. 2922-1, as amended.

l-7 loyment. Sec. 

### 3, Subd. 

### (3) (a), (b)and (c),

Subsection 1 of Section 5, as quotedherein, 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 suchmember is ineligibleand disqualified to resume employment in the public schoolsand ineligible and disqualified to be otherwise employed in the public schools of Texas. This 

### clearlymaxim 

### that such retired member shallnot 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 employmentHon. B. B. Sapp, page 4 (V-926)

in the public schools it follows that thebo'ards(designated in Subset. (3j and (3a) of Sec. 1) are precluded from employingany 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:

"'PublicSchool' shallmean any educational organization supportedwholly or separatelyby 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 Universitiesare included in "public schools of Texas" as provided in subsection (2) of Section 1, when consideredalong 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 RetirementLaw cannot lawfullybe employed in any capacityby boards of common schooldistricts, boards of independent school districts, county school boards, State Board of Trustees (TeacherRetirement System of Texas), State Board of Education and State Department of Education, boards of regents of colleges and universities or any other legally constitutedboard or agency of an educational institution or organization supportedwholly or partly by the State.

Because of the plain provisions of the Acts of the Legislature,a person who has accepted serviceretirement under the Teacher Retirement Law cannot lawfullybe employed in any capacityby boards of common school districts,boards of independent school districts, county schoolboards, State Board of Trustees (TeacherRetirement 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 constitutedboard 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 ChesterE. Ollison Assistant

APPROVED

G+ 2,/L--JFIRST ASSISTANT ATTORNEY GENERAL