r .. _ l . 

TEE ATIYORNEY GENERAL 

OF TEXAS 

AUEWXN 11. TEXAn 

WILL BVILSON 

Honorable Joe Resweber 

County Attorney 

Harris County 

Houston 2. Texas. 

Oplnlon Ro. WW-130 

Re:Can a former elected 

official. now an apoolntive county employee; add 

his prlor service as an 

elected official to his 

service as a county 

Dear Mr. 

1957, In 

employee for the purpose 

of receiving a county 

Resweber ‘. pens Ion? 

This Oplnlon Is in reply to your request of May 2, 

which you ask the following question: 

“Can a former elected official, now an 

appolntlve County Employee, add his prfor 

service as an elected official to his sopvice as a County Bnplogee ftr the purpose of 

recefvlng a County pension? 

Section 62 (b), Article XVI of the Constitution of 

Texas provides in part: 

‘Each county shall have the right to 

provide for and administer a Retfrement, 

Dlsabllltg and Death Compensatfon Fund for 

the appolntlve ofclcers and employees of 

the county. . . a 

Section 62 (a) of Article XVI of the Constitution 

of Texas provides in part: 

“The Legislature shall have the right 

to levy taxes to provide a Retirement, Disability and Death Compensation Fund for the 

appointlve of;ficers and employees of the 

State; . . . 

Pursuant to this constitutional authorlzatl,on, the 

Legislature provided for a retirement system for state employees in Acts of the 50th Legislature, Regular Session, 

ch. 352, p.. 697, which, as amended, appears as Article 
Honorable Joe Resweber, page 2 ww-130 

6228a, Vernon's Civil Statutes. 

In Farrar, et al v. Board of Trustee 

Retirement System of Texas, et al, 150'Tex. 5 

8 (1951) th C 

Article 6228a, 

t in dealing with the pr 

ipe% of Section 62 (a), Article XVI of the 

Constitution of Texas and says: 

"Construing that amendment In the light 

of fts purpose, we have no doubt that, just 

as they had already done for the teachers, the 

people meant to limit the beneffts of that fund 

to appointed officers and employees of the state; 

. 0 a 

The provfsions of subsectfons (a) and (b) of 

Section 62, Artfcle XVI of the Constitution of Texas are 

Identical Insofar as they both provide that the Legislature 

shall have the right to levy taxes to provide for the retirement plan for the appointive officers and employees of the 

respective political divfslons. Therefore, when the Supreme 

Court of Texas holds that the beneffts of the retirement plan, 

as to state employees, are to be limited to appointed officers 

and employees, it is our opinion that the statement may be 

cited as authority In regard to county employees as well. 

In addftfon to the opinion fn the Farrar case, the 

clear ommlsion of any reference to electlveoff"icials In the 

constitutfonal amendment, coupled with the express reference 

to appointfve offfcials fn the same amendment, requires us to 

hold that in our opfnlon a former elected official, who is now 

an appolntive county employee, may not add his prior service 

as an elected offielal to his service as a county employee for 

the purpose of receiving a county pensfon, FOP this reason 

your question must be answered in the negative. 

SUMMARY 

A former elected offioial, now an appolntive county employee, may not add his prior 

service as an elected official to his service as a county employee for the purpose 

of receiving a county pension, 
Honorable Joe Resweber, page 3 ww-130 

Your8 very truly, 

WILL WIIsOFl 

Attorney General 

BY 

Ansfstant 

WCR:jlsrh 

APPROVED: 

OPINION COMMITTEE: 

H. Grady Chandler, 

Chairman 

James W. Wilson 

Ralph R. Rash 

Fred Werkenthfn 

REVIEWEDFORTREATTOR??EYGENERAL 

Byr Gee. P. Blackburn