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 01ptheYour letter of July 18, 1947, requests an ,@y&-

following questions:

.. .

-:’ ,, ntBhether those employs&e nowseventy ,(‘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.laSefie,Ctive, and whobeooamaetsbera 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 3Gonly 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:

vdxiyemloyee whohas attained the age of sixty (60Pyears 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, s 70 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 3no 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~~‘toa ~re~tir$me~~~e2Uwsn~oe @Ml he has aosuukulb$$& tati jlOj’ ,ormore years of creditable servioe in. ‘&zes $ Pro~islor# tax oth6.r benetits~ Unde.r the AMA a&so S g$,,. ten ~yeafa of eervEce, Such an employee me~mbar w& therefore. qualif for benefsts should he parmsfi the Statev’e fgexv?;oe~b i9#t&e Hemay qualify’ for benefits ha ooapletes the required ten yes&s ot serviato OU%$ $C %4w.p $0 is prevented, bsoause of his agesfrom continrz ns, h st$~ vise and rrom accumulating creditable service by other provisions of the l.aw+

Se~tkoion 5Aappears to a‘ply to all, other memhers seventy years of ages P Xnclud 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 

### Aotasto such person, th,is provislom s sot deemed to apply to such person until auoh ti,gne 

### ap,it: is, LegakXypossible, under the Act for 

### hiato"r@- tue,1*

“Retirement” , bp the terns of %&ion 10, @@hallmean 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~rsar e&:8, &eotQin, 5A wotid not apply ,until such a inember 'has aaotunalated auoh tte4 years orsfwriee,,



### Itappears, 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 

### 70years of age or oldelr in State se&ice on September 1, 194'7, who bei o:omemembers of the Reti~rement System of Texas, a,ndwho 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 

### 70years o;P age or older in State service on Ssptambea 

### li1947,tmt'withlessthan 10 years or 8ez* 9168 on that date, muat bsoama members and must continue in service nnt,il they haV@10 years of service, YOuFSVery truly

ATTORNEY(ZEN&ALOFTl!X&S,