Honorable Robert S. Calvert

Comptroller of Public Accounts Capitol Station Austin, Texas Opinion NO.w-679 Re: Questions relating to amounts due retired Texas Raners under Section 68 Article XVI, Texas Consiitution, and Senate Bill 53, Acts 56th Legislature, Regular Dear Mr. Calvert: Session, 1959.

Wehave received your request dated July 7, 1959, in which you present the following questlons:

"(1). Please advise the amountof moneywhich should be paid to persons eligible under the Senate Bill 53, for the monthof August? Y(2). Please advise the amountof moneyto be paid to a person for the month of September, whobecame eligible for Ranger benefits on the 15th day of September." Section 66 of Article XVIof the Constitution of Texas reads as follows:

"The Legislature shall have authority to provide for a system of retirement and disability pensions for retiring Texas Rangers whohave not been eligible at any time formembership In the Employees RetirementSystem of Texas as that retirement system was established by Chapter 352, Acts of the Fiftieth Legislature, Regular Session, 1947, andwhohave had as muchas two (2) years service as aTexas Ranger, and to their widows; providing that nopension shall exceedHonorable Robert S. Calvert, page 2

Eighty Dollars ($80) per month such Texas Ranger or his widow

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to any provided

._ . that sucn widowwas legally marrlea prior to January 1, 1957, to aTexas Ranger qualifying for such pension." Section 2of Senate Bill 53, Acts 56th Legislature, Regular Session, 1959, Chapter 283, Page629, reads in part as follows: II

. . . Full monthly payment shall be madefor each monthcommencingwith the month in which the completed application Is filed and ending with the monthIn which the reciplent dies." (Emphasis added). Senate Bill 53will become effective August 11, 1959, andwill authorize a pension payment to be madefor August, 1959.

If the abdve quoted provisions of Senate Bill 53 were interpreted to require payment for the full amountof the pension for August whenthe legislatlve authorization did not become effective until August 11, such would contravene Section 16 of Article I of the Constitution of Texas, which prohibits such a retroactive effect. It Is well established that a statute should be construed so as to effectuate its purpose andin a mannerto support its presumedconstitutionality.

Therefore, in our opinion , eligible pensioners may receive only that proportionate part of the August payment represented by the period in August subsequent to the effective date of the Bill.

Your second question, In our opinion, is controlled by whenthe properly completed application is filed. Weshall assume the person “whobecame eligible” for the benefits on the 15th day of September also filed a completed application before the endof the month.

It is olear that the Legislature intended the recipient to receive the full amountof the monthly benefits starting with the monthIn which the properly completed applloatlon is filed. TheCourts give liberal construction to such provisions in order to effectuate the purpose Intended in statutes euch as this. Duokworth, 260 S.W. 2d 632 tSee Teacher Retirement System v. Clv.App.

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o inions adopted by the SupremeCourt of Texas, 264 S.W. 2d '$). Furthermore, webelieve that If the complete application is filed during the monthof September, the recipient is to receive full payment for the calendar monthbeginning September 1 and ending September 30. Such seems to be the construction intended by the terms of the statute. (See Longv. City of Wichita Falls, 142Tex. 202, 176 S.W. 2d936 ‘). SUMMARY Under Section 66, Article XVIof the Constitution andSenate Bill 53, Acts 56th Legislature, Regular Session, 1959, recipients are to receive only that portion of the August, 1959, payment represented by the period of August subsequent to the effective date of the Bill; subsequent monthly payments are to be madeon the basis of a full monthly payment for the calendar monthin which the completed application is filed. Yours very truly, WILLWILSON Attorney General of Texas

TomI. McFarllng Assistant TIM:mfh:mg APPROVED: OPINIONCOMMITTED Geo. P. Blackburn, Chairman Robert T. Lewis C. K. Richards J. Milton Richardson Zellner J. Turlington REVIEWED

FORTHEATTORNEY

GENERAL By: Leonard Passmore