The Attorney’General of Texas 

May 7, 1981 

MARK WHITE 

Attorney General 

Honorable Ron Jackson 

Executive Director 

Texas Youth Council 

8900 Shoal Creek Boulevard 

Austin, Texas 78766 

Opinion No. ~~-334 

Re: Whether teachers employed by 

Texas Youth Council are entitled to 

longevity pay under article 6813d, 

V.T.C.S. 

Honorable George W. McNiel 

The State Auditor 

Sam Houston Office Building 

Austin, Texas 78711 

Your questions concern article SSlSd, V.T.C.S., and article II, section 

2a of House Bill 558, the General Appropriations Act, Acts 1979, 66th Leg., 

ch. 843. Article 68134 provides that: 

. . .each state employee covered by the Position 

Classification Act of 1961, each line item or exempt 

state employee [andI each regular full-time hourly 

employee of the state. . . is entitled to longevity pay 

of a maximum of $4 per month for each year of 

service as an employee of the state up to and 

includfng 25 years of service. 

Article II, section 2a, of the appropriations act provides as follows: 

(a) SALARY PROVISIONS. (1) EXEMPT 

POSITIONS. Positions employed in institutions. . . of 

the. . . Texas Youth Council, which are exempt from 

the Position Classification Plan, shall be paid at 

annual salary rates not to exceed those specified in 

this Section. . . . 

. . . . 

(5) TEACHERS. Each. . . classroom -teacher. . . 

shall receive as a minimum salary the clessroom or 

exceptional teachers monthly salary rate, plus increments specified in Senate Bill No. 116, Acts of the 

Fifty-first Legislature, 1949, as amended [see Public 

Education Compensation Plan, section 16.056 of the 

Education Code]. . . . 

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Honorable Ron Jackson 

Honorable George W. McNiel 

Page Two (Mu-334) 

Salary rates in excess of the minimum amounts specified in 

Senate Bill No. 116. . . may be paid; but such approved rates 

shall never exceed the rates of pay for like pOSitiOnS pard in the 

public schools of the city in which the State School or Home is 

located. (Emphasis added) 

Acts1979,66th Leg., ch. 843, art. II, §2a, at 2540, 43-44. 

Mr. Jackson asks the following questions: 

1. Are teachers employed by the Texas Youth Council 

(TYC) state employees for purposes of receiving longevity pay 

under article 6813d, when they already receive a salary 

supplement for longevity under the Texas State Public Education Compensation Plan? 

2. If they are, may the TYC authorize payment of longevity 

pay to a teacher when such payment would result in a higher 

salary rate than that paid fcir like positions in the public schook 

of the city in which the state school is located, notwithstanding 

the provisions of article 11, section 2a(5) of the appropriations 

act? 

Mr. McNiel asks these questions: 

1. Should the state’s payment of a portion of the employee’s 

share of social security contributions required by Senate Bill 

No. 20, Acts of the Sixty-fifth Legislature, be considered. in 

calculating the salary rate of the teacher for comparison with 

the rates of pay for like positions in the public schook of the 

city in which the state school is located? 

2: Should the state’s contribution for the employee’s group 

insurance premiums be included in determining the teacher’s 

salary rate? 

We .will address both of Mr. Jackson’s questions at the same time. First, this 

office has previously held that TYC teachers are state employees for purposes of 

receivingpay for accrued vacation time, Attorney General Opinion H-829 fl976), and 

sick leave, Attorney General Opinion H-775 (1976). While those opinions dealt with 

provisiorw of the 1975 appropriations act, we pemeive no basis for reaching a different 

conclusion with respect to whether they are%tate employees” within article 6813d. 

We therefore conclude that, inasmuch as their positions are exempt from the Position 

Classification Plan, s article II, section 2(a)(l) of the 1979 General Appropriations 

Act, TYC teachers are “exempt state employees” within article 6813d and are 

therefore eligible for longevity pay under that provision. 

p. 1083 
Honorable Ron Jackson 

Honorable George W. McNiel 

Page Three (~~-334) 

You ask whether the TYC may authorize payment of longevity pay ~to a TYC 

teacher “when such payment would result in a higher salary rate than that paid for like 

positions in the public schools of the city in which the state school is located.” If, as 

your question assumes, a TYC teacher’s “salary rate” would in fact be increased by the 

addition of such longevity pay, we would answer this question in the negative. It is our 

opinion, however, that a TYC teacher’s “salary rate”, as that term is used in article II, 

section 2a of the appropriations act, is computed on the basis of the k.salary paid 

the teacher. Longevity pay which a TYC teacher receives pursuant to artrcle 6813d is 

not part of that base salary, and, therefore, is not to be considered when calculating 

the teacher’s “salary rate.” See General Appropriations Act, Acts 1979, 66th Leg., ch. 

843, art 11, S18, at, 2555, (ahod for computing TYC teacher’s salary rates). We 

therefore conclude that a TYC teacher may receive longevity pay under article 6813d 

without violating article II, section 2a(5) of the 1979 General Appropriations Act. 

We now turn to Mr. McNiel’s questions. Article 695h, V.T.C.S., sets forth 

provisions governing federal old age survivors’ insurance coverage for state employees 

and defines the state’s obligations with respect to contributions on behalf of state 

employees under that program. Article 3.51 of the Insurance Code authorizes the state 

and its agencies to procure contracts with licensed insurance companies for purposes 

of insuring employees. Section l(a) thereof provides that premiums may be paid in 

whole or in part from funds contributed by the employer and/or by the insured 

employees. 

Contributions made by the state on behalf of its employees under article 69511, 

V.T.C.S., and article 3.51 of the Insurance Code undeniably constitute a benefit which 

the employee receives by virtue of his employment. However, we are here concerned 

only with the question of whether said contributions are to be considered in calculating 

a TYC teacher’s salary rate for purposes of comparing that rate to the salary rate 

established for a like position” in the public schook of the city in which the TYC 

facility is located. We answer that question in the negative. 

Unlike article 3.51 of the Insurance Code, article 695h expressly provides that 

contributions made by the state are not to be considered compensation under any law 

of this state. See V.T.C.S. art. 695h, S4. This provision, standing alone, would appear 

to answer youiirst question. However, even if article 695h contained no such 

provision, we would conclude that contributions made ,by the state under that statute, 

like those made under article 3.51 of the Insurance Code, should not be considered in 

computing a TYC teacher’s salary rate. They do not constitute additions to the 

employee’s base salary. In our opinion, the legislature intended that, ~for purposes of 

calculating a TYC teacher’s “sslary rate” under the 1979 General Appropriations Act, 

only those amounts included in the teacher’s base salary should be considered. 

SUMMARY 

Teachers employed by the Texas Youth Council may receive 

longevity pay under article 6813d, V.T.C.S., without violating 

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Honorable Ron Jackson 

Honorable George W. McNiel 

Page Pour (Mu-3341 

the provisiorm of article II, section 2a(51 of the 1979 General 

Appropriations Act. Ccntributions ma& by the state on behalf 

of a TYC teacher for purposes of social security and employees 

group insurance premiums are not to be considered in calculating that teacher’s salary rate for purposes of article II, section 

2a(5) of the act. 

Very truly yours, 

MARK WHITE 

Attorney General of Texes 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

RICHARD E. GRAY III 

Executive Assistant Attorney General 

Prepared by Jon Bible 

Assistant Attorney General 

APPROVRD: 

OPINION COMMITTEE 

Susan L. Garrison, Chairman 

Jon Bible 

Rick Gilpin 

Edna Ramon 

Bruce Youngblood 

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