E 

0F TEXAS 

Honorable Andy Rogers, Chairman 

Constitutional Amendments Committee 

The Senate of Texas 

Austin, Texas 

Opinion No. C-70 

Re : Whether the Constitution would 

have to be amended in order to 

provide retirement, disability 

and death benefits to officers 

and employees of the political 

subdivisions of Jefferson 

County. 

Dear Senator Rogers: 

Your request for an opinion from this office reads 

as follows: 

"As Chairman of the Constitutional Amendments 

Committee of the Senate, we request an opinion 

from you as to whether or not the Constitution 

would have to be amended in order to provide all 

political sub-divisions of Jefferson County? Texas, 

with retirement, disability and death benefits 

for all appointed officers and employees of all 

political sub-divisions within Jefferson County." 

Section 62(b) of Article XVI of the Constitution of 

Texas states as follows: 

%i62 state and county retirement. disability_ 

md -3deat 

‘1. . . 

"(b) Each county shall have the right to provide for and administer a Retirement, Disabilitv 

and Death for the auaointive officers and emolovees of the countv; provided same is 

authorized by a majority vote of the qualified voters of such county and after such election has been 

advertised by being published in at least one newspaper of general circulation in said county once 

each week for four consecutive weeks; provided that 

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Hon. Andy Rogers, page 2 (C-70) 

the amount contributed by the county to such Fund 

shall equal the amount paid for the same purpose 

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 by the county, 

and shall in no one year exceed the sum of One Hundred and Eighty Dollars ($180) for any such person. 

“All funds provided from the compensation of 

each such person or by the county, for such Retirement. Disabilitv and Death Comaensation Fund, as 

are received by the 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 by any agency of the United States Government, 

the payment of the principal of and interest on 

which is guaranteed by the United States, provided 

that a sufficient amount of said funds shall be 

kept on hand 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 on hand to 

be determined by the agency which may be provided 

by law to administer said Fund; and provided that 

the recipients of benefits from said Fund shall 

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 a condition to receiving 

such other pension aid.“’ (Emphasis added). 

You will note that each county in Texas may provide 

for and administer a retirement, disability and death 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 own employees. 

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 and authority to provide 

a system of retirement and disability pensions for 

its appointive officers and employees who have become disabled as a direct and proximate result of 

the performance of their duties, or have passed 

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- . . 

Hon. Andy Rogers, page 3 (C-70) 

their sixty-fifth birthday, or have been employed 

by such city or town for more than twenty-five 

(25) years and have passed their sixtieth birthday, 

whenand if, but only when and if, such system has 

been approved at an election by the qualified voters of such city or town entitled to vote on the 

question of issuance of tax supported bonds; provided that no city or town shall contribute more 

than the equivalent of seven and one half (7*) per 

centum of salaries and wages of the officers and 

employees entitled to participate in its pension 

system, and that said officers and employees shall 

contribute a like amount; and this Amendment shall 

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 a system of retirement 

and disability pensions for appointive officers 

and employees of cities and towns to operate Statewide or by districts under such a plan and program 

as the Legislature shall direct and shall provide 

that participation therein by cities and towns shall 

be voluntary; provided that the Legislature shall 

never make an appropriation to pay any of the cost 

of any system authorized by this Section." 

We call your attention to the fact that Section 51-e 

applies to incorporated cities and towns only, and furthermore 

that there is no provision 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 and towns 

to provide for these benefits. 

If Jefferson County contains any political subdivisions other than incorporated cities and towns, then the Constitution contains no provisions whereby they may provide for retirement, disability or death benefits, and in that case the 

Constitution would have to be amended accordingly. 

SuMxmY 

Section 62 of Article XVI of the Constitution 

of Texas need not be amended for Jefferson County 

to provide retirement, disability and death 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 

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Hon. Andy Rogers, page 4 (C-70) 

for their officers and employees. The Constitution will have to be amended for any other political subdivisions of Jefferson County to provide 

for retirement, disability and death benefits. 

Yours very truly, 

FDW:ms:wb 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Sam Wilson 

Ernest Fortenberry 

John Reeves 

Albert Pruitt 

APPROVED FOR THE ATTORNEY GENERAL 

BY: Stanton Stone 

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