f ’ 

OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

BRO”v.R SLLLIIS 

rtyrm*c* Oc;crxL 

i 

-cc-‘W7 

&xorable George H. Sheppard 

CosJtroller of Pub110 nooounts 

i Overrr:~e;r ,~?..c?..?~~9_

Audtifl, Texas 

seventh b&latura, is the 

State required’%w m&e total 

ooabdbution to the Teachers’ 

Jtetlresgeat system durlag any 

,,-* f5,ssgl year exaotly Bpual to 

/ Phe ccntributlons of the %. 

-... teachers, or may the alloca- 

‘.,,, tions, bm based oa a five-year 

.,aotunrlal estimate and ad- 

--. ‘Justed at the end 

.~ __ ., hvs-year period? 

related question. 

. ’ .*I 

of saoh 

And a 

ing as follows: 

%.,a.& ..in receipt; oi your opinion 

. . ’ 1, ‘I I.. 

-.. X& ‘- +, 

., ._ 

*I should lske to submit for your 

tion the .qusstions l%dted t 1elow: ‘. 4. 

... 

, ;. 

request, readoonsldera- 

“1. Under Eouse Bill S of the 47th Leglalature, or any subsequent Amendments thereto, is the 

State required to make total contribution to the 

Teachers* Retirement System during any rlsoal year 

exactly equal to the contributions of the teachers, 

or may the allocations be based on a five-year aotuarinl estimate and adjusted at the end of each 

five-year period? 

“2. If the contribution of the &?te is to be 

adjusted annua-ly to the contributions made by the 

teacher+ shall the 5tate’s contribution be equal to 

the total contributions of the teachers, or shall 

the state’s contribution be equal to the contrlbutions of the teachers less refunds to teachers who 

oease to be :nesbers other than by death or retlreaoent?W 
Me quote the following pertinent language from 

ZctJlje ilill 0 of the 47th Legislature, as found in the General 

LWIY of the 47th Legislature on page 338: 

“( 3) Beginning with the flsoal year 

starting oa September 1, 1941, ilnd annually theredter, tiere is hereby allocated and appropriated 

to the Teaclet Retirement System of Texan in aooordante with: the provisions of Senate Bill No. 47, Aots 

of the Regular session, Forty-tlfth Legislature, 1937, 

snd any amendments thereto , nisum eaoh year equivalent 

to the oontrlbutlons ot the member8 of the Teaoher Retirement 3ystem during said year. Said amount8 are 

hereby allocated and approprlstrd.and shall be paid 

to the Teaoher Retirement System in equal monthly 

installments beginning September 1, 1941, and monthly 

thereafter based upon the annual eetlnrate by the State 

Joard of Trustees OS the Teacher Retirement System of 

the contributfons to be received from the members oi 

aaid Gystem during said year; provided further, in 

the event said estimatr of the contributions of the 

m,abers of the ‘Yysten shall vary fro& the actual 

ar;lount of the teaohers ( contributions during the year, 

t:ien such adjustments shall be made at the close of 

each fiscal year as may be required.” 

“There is likewise hereby allocated Andy eppropriated to the Teacher Retirement System OS Texas baginning on the first day of the first moath after the 

effective date of this Aot, and monthly thereefter, the 

sum of Fifty Thousand Dollars(#50,000), which shall be 

paid by the State Treasurer to the Teacher Retirement 

System until such time as the total additional amounts 

so deposited by the State of Texas shall be equivalent 

to the total amount contributed by the members of the 

Aetirexent System from September 1, 1937, to September 1, 

1941, as certified by the State Board of Trustees of the 

Teac.ler ;ietire;;lent System.” 

It is obvlous from the foregoing that the state is 

required to sake total contributions to the Teachers’ Hetirenent 

3y;~item during each fiscal year exactly equal to the contributions 

of tile teachers. The law is very plain wherein it appropriates 
450 

Honorable George R. Sheppard, page 3 

and allocates to the Teaohers Retirement System “a sum each 

e3.r equivalent to the contributions OS the members oi F 

F- eacher Retirr:nent Systen during said year.* This taot is 

emphasized by the further hII@Miga: “provided further, in the 

event said estimate of the oontributlons of the mmbbere oi tb 

System shall vary from the actual amount of the teaohers’ oontribution8 during the year, then suoh adjustments shall be made 

at the olose of l a o h tisoal yeti as may be requlred.w 

This is in addition to the $50,000 monthly appropriation made equivalent to the amount8 paid by the teaoherr 

from September 1, 1937 to September 1, 1941. Your rest qu8stion is answered in the atiirmative. 

As we understand the law, those teachers who 

cease to be member8 of the System other than by death or retlrement are refunded an amount equal to the oontributions paid into 

the system by suohteaohers and hence their contributions having 

been so withdrawn do not oonetitute a contribution to the System, 

and should not be oonsidered la determining the amount of the 

State’s contribution. 

Yourr very truly 

ATMRNEY GIZNERAL OF TEXAS 

C. F. Gibson 

Astalstaat 

.