E 0F TEXAS

Honorable AndyRogers, Chairman Constitutional Amendments Committee TheSenate of Texas Austin, Texas Opinion No. C-70 Re: Whether the Constitution would have to be amended in order to provide retirement, disability anddeath benefits to officers and employees of the political subdivisions of Jefferson County. Dear Senator Rogers:

Your request for anopinion from this office reads as follows: "As Chairman of the Constitutional Amendments Committee of the Senate, werequest anopinion from you as to whether or not the Constitution would have to beamended in order to provide all political sub-divisions of Jefferson County? Texas, with retirement, disability anddeath benefits for all appointed officers andemployees of all political sub-divisions within Jefferson County." Section 62(b) of Article XVIof the Constitution of Texas states as follows:

%i62 state and county retirement. disability_ md deat -3

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. . "(b) Each county shall have the right to provide for andadminister aRetirement, Disabilitv and Death for the auaointive officers and emolovees of the countv; provided sameis authorized byamajority vote of the qualified voters of such county andafter such election has been advertised bybeing published in at least one newspaper of general circulation in said county once each week for four consecutive weeks; provided that -342-Hon. AndyRogers, page 2 (C-70)

the amount contributed bythe county to such Fund shall equal the amount paid for the samepurpose from the income of each such person, and shall not exceed at any time five per centum (5%) of the compensation paid to each such person bythe county, and shall in no oneyear exceed the sumof OneHundred andEighty Dollars ($180) for any such person.

“All funds provided from the compensation of each such person or by the county, for such Retirement. Disabilitv andDeath Comaensation Fund, as are received bythe county, shall be invested in bonds of the United States, the State of Texas or counties or cities of this State, or in bonds issued byanyagency of the United States Government, the payment of the principal of and interest on which is guaranteed by the United States, provided that asufficient amount of said funds shall be kept onhand to meet the immediate payment of the amount likely to become due each year out of said Fund, such amount of funds to be kept onhand to be determined by the agency which maybe provided by law to administer said Fund; andprovided that the recipients of benefits from said Fundshall not be eligible for any other pension retirement funds or direct aid from the State of Texas, unless the Fund, the creation of which is provided for herein, contributed by the county, is released to the State of Texas as acondition to receiving such other pension aid.“’ (Emphasis added). Youwill note that each county in Texas mayprovide for andadminister aretirement, disability anddeath compensation fund after the necessary procedure outlined above has been complied with. It is our opinion that it is unnecessary for the Constitution to be amended each time a certain county desires these benefits for its ownemployees. No. v-158 (1947). Attorney General’s Opinion

With respect to any other political subdivisions existing in Jefferson County, Section 51-e of Article III of the Constitution states as follows:

“Each incoroorated citv and town in this State shall have the power andauthority to provide asystem of retirement anddisability pensions for its appointive officers and employees whohave becomedisabled as adirect andproximate result of the performance of their duties, or have passed

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Hon. AndyRogers, page 3 (C-70)

their sixty-fifth birthday, or have been employed by such city or town for more than twenty-five (25) years andhave passed their sixtieth birthday, whenand if, but only whenand if, such system has been approved at an election bythe qualified voters of such city or town entitled tovote onthe question of issuance of tax supported bonds; provided that nocity or town shall contribute more than the equivalent of seven and one half (7*) per centum of salaries andwages of the officers and employees entitled to participate in its pension system, and that said officers and employees shall contribute alike amount; and this Amendmentshall not reduce the authority nor duty of any city or town otherwise existing." Section 51-f states as follows: "The Legislature of this State shall have the authority to provide for asystem of retirement and disability pensions for appointive officers and employees of cities and towns to operate Statewide or bydistricts under such a plan and program as the Legislature shall direct and shall provide that participation therein by cities and towns shall bevoluntary; provided that the Legislature shall never makeanappropriation to payany of the cost of any system authorized by this Section." Wecall your attention to the fact that Section 51-e applies to incorporated cities and towns only, andfurthermore that there is noprovision in that Section entitling any officer or employee of such city or town to death benefits. Therefore that Section would have to be amended for cities andtowns to provide for these benefits.

If Jefferson County contains any political subdivisions other than incorporated cities and towns, then the Constitution contains noprovisions whereby they mayprovide for retirement, disability or death benefits, and in that case the Constitution would have to be amended accordingly. SuMxmY Section 62of Article XVIof the Constitution of Texas need not be amended for Jefferson County to provide retirement, disability anddeath benefits for its officers and employees. Section 

### 51-e of Article III will have to be amended for incorporated cities and towns to provide death benefits -344-Hon. AndyRogers, page 4 (C-70)

for their officers and employees. TheConstitution will have to beamended for any other political subdivisions of Jefferson County to provide for retirement, disability anddeath benefits. Yours very truly,

FDW:ms:wb APPROVED: OPINIONCOMMITTEE W.V. Geppert, Chairman SamWilson Ernest Fortenberry John Reeves Albert Pruitt APPROVEDFORTHEATTORNEY GENERAL BY: Stanton Stone

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