Hon. Hall H, Logan, Chairman 

‘State Board of Control 

Opinion Ro, V-3&? 

Austin, Texas Be: whether enlpla~4iir 

seventy ye%re of 

age or over io 

state semi00 oa 

SQtember 1, 3.947, 

must withdraw frm 

State eenioQ au a 

conditloa to cf(gLta 

and beneri,ts ab the 

Retirement %yrJte& 

.bear %ir: 

iOn 01p the 

Your letter of July 18, 1947, requests an ,@y&- 

following questions: 

. . . 

-:’ ,, 

ntBhether those employs&e now seventy 

,(‘7O) years or over will be required to Nave 

state Service to enable them to obtain the 

right,s and benefits of the Retirement Sys*. 

tern, n 

Your question arises under House Bill 'i613, A&a 

‘50th Legislature, 1947, Ohapter 352 

the Employees Retirement System of 4 

page 697, settlag up 

exa& 

Rmljloyeas seventy years of age and over w$ith 

ten or more gears of service on September lp X94”?, tke 

date upon wuch the Act beCCU.laS efie,Ctive, and who beooam aetsbera of the System, are governed by the provis- 

$ona of Section 30 of the Aot, Its provisions are in 

literal conflict with Section SA, hereinafter referred 

to, but since Section 3G only applies to employees over 

sixty years or age, with ten years of servYce who %re 2a 

service on September 1, 1947, it will oontrol, as a ape,- 

oial provision, over the more general provisions off %eetfon 5A. Section 30 provides: 

vdxiy em loyee who has attained the age 

of sixty (60 P years and has had ten (10) or 

more years of service when this Act becomes 

‘,. 
Xo& hall P, Logan, Page 2, V-342, 

effective, and who elects to become a membar 

of the System, may remain in the Statess ser+ 

vice past the age of sixty-five (65) years ’ 

as long as he is oapable of serving the State 

efficiently in. any position in which he is emlo ed, but upon attaining the age of seventy 

‘I, 70 s years such employee shall cease to be a 

participating member of the Retirement System 

and shall, become ineligible to reoeive any bsnefits from the System except such benefits to 

which he would have been lawfully entitled if 

he had retired at the age of seventy (70) yeara) 

provided ) however 3 no person shall ever become 

e11gibla for a service retirement allowance untiJ, he has actually retired from the State’s 

servtoe L” 

‘ff~ dearly appears from the foregoing provj,#,+ 

,&as that such an employee is not’ required to lea~va the 

service in order to obtain the benefits of the Act w&en 

he Later ,retiress 

,, 

As to those employees sevpnt,y yesre of age a&d 

ovarwith less than ten years of service, who beaome merem* 

berg, S@d,c@ Zjg~~pro~Sdsa. that. %o member shall be ent$ta$ad~~‘to a ~re~tir$me~~~ e2Uwsn~oe @Ml he has aosuukulb$$& 

tati jlOj’ ,or more years of creditable servioe in. ‘&zes $ 

Pro~islor# tax oth6.r benetits~ Unde.r the AMA a&so S g$,,. 

ten ~yeafa of eervEce, Such an employee me~mbar w& 

therefore. qualif for benefsts should he parmsfi 

the Statev’e fgexv?;oe~b 

i9#t&e 

He may qualify’ for benefits 

ha ooapletes the required ten yes&s ot serviato 

OU%$ $C 

% 4w.p $0 

is prevented, bsoause of his age s from continrz ns, h st$~ 

vise and rrom accumulating creditable service by other 

provisions of the l.aw+ 

Se~tkoion 5A appears to a ‘ply to all, other memhers seventy years of ages Xnclud P ng those already in 

tha servile. of: the SGaW en September L3 194?+ wZbiz ~LMB 

bhan ten yearP of servioe, on that date, xt ptov$dee in 

partn 
. 

. 

ftis noted that this provision requires @rsr 

tireEls4t"r How89er) if nretirementn mey not 'be aocciup Whsd 

,. 

under the Aot as to such person, th,is provislom 

s sot deemed to apply to such person until auoh ti,gne 

ap,it: is, LegakXy possible, under the Act for hia to "r@- 

tue ,1* 

“Retirement” , bp the terns of %&ion 10, 

@@hall mean withdrawal frum ser~ioe with a reti,r?el2#r4% 

allowa,nce Erasted un,der the pr 

&nphmsis' ~suppliad)(" S&We a' 

0~s of t&3,s,Act: v 

ement allo~no~@'~ay 

not bs grante:d to a member with 'less than ten .$aaz-s of 

or&tsblw ser9i~c,e, retirement cannot be a~csomplishad; 

and,~ ths?Wore, though he be o9e.r ae?@nty yea~rs ar e&:8, 

&eotQin, 5A wotid not apply ,until such a inember 'has aaotunalated auoh tte4 years or sfwriee,, 

It appears, therefore, that in&ead of quali-; 

iyFag a membsr seventy years of age with less tha4 te4 

gH~mr*s of @a-vice for benefits under the Retiriamsnt ws; 

tam, his leaoig the servioe permanently would preva4t 

hL partioigatior+ in the benefits of the Bob. 

lbup$ogees 70 years of age or oldelr in 

State se&ice on September 1, 194'7, who bei 

o:ome members of the Reti~rement System of 

Texas, a,nd who on that date, have 10 years 

of service with the State, are not corngel 

led to retire on that date in order to ob,- 

tein the benefits under the System upon latar 

retirement, 

In order to qualiry rQr benefits under 

the Ratiremant Act, employees 70 years o;P 

age or older in State service on Ssptambea 

li 1947, tmt'with less than 10 years or 8ez* 

9168 on that date, muat bsoama members and 

must continue in service nnt,il they haV@ 10 

years of service, 

YOuFS Very truly 

ATTORNEY (ZEN&AL OF Tl!X&S,