OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Eonorable John 9. RUdt¶, Jr. 

Aotuary and Assistant Direotor 

Teacher Retlrament ot Texas 

Austin, Texas 

Dear ;;ir: 

State BOU-d 

oeed the oompeneation last retier as a teaoher." 

3 and a(a) of section 3 or the Teaoher 

ale 29.%?-1, Vernon*8 Annotated Civil stat- 

"3. Disability R0tirOx#nt BetWrits 

*Upon the aDplioation of a muuber or his 

legal representatlvo acting in hle behalf, 

any aember who has had twenty (80) or more 

years of oreditable servioa may be retired 

by the &ate Board of Truetees, not less 

than thirty (30) and not more than ninety 

(90) days next following the date of filing 

such a;:p$loatlon, on a dfeabfl.ity retiremant 
;i y-. 

,* 

EonGrab z&B S. mdd, Jr., Fags 2 

allo~snoe, provided that the Efedloal Board, 

after a cedloal esaa5nat5oa of suoh mazaber, 

shall 08rtify that suoh mmber 5s mmtelly 

or physioally inoapaoltated for the further 

performam oi duty, that euoh inoapaolty 

5s likely to be permanaat, and that suoh 

member should be retlrGd.* 

ì5. B8n8f5o5ariea Retired on Aooouat 

of ~fsabilftp. 

*on06 8aaoh year during the first five 

(5) years follGw5ug retirensmt of a member 

on a disability retirement allona~o4, and 

once in every three-year p4rfod th4rGaftar, 

the 3tate Board oi Trustees may, and upon 

his applloation ahell, require any dlaability benetioiary who has not yet attained the age of sixty (60) years to undergo a nedloal examiBatlon, auoh exam.lUation to be nade at the pleoe 0r residsno4 

of said beneiioiary or any other pla88 mutually agreed upon, by a phyalalan or phyeioians designated by the State Board of Trustees. Should eny disebflity benetioiary 

who haa not yet attained the age of sixty 

(60) year0 refuse to submit to at leant one 

lnbdloel examination 5~ my auoh periods by 

a l-hyslola~ or physioians designated by the 

State Board of Truetees, his allwaBoe ahall 

be dlsoontinued uutll his withdrawal of suab 

refusal, end should his rGfU8ti GontiBU4 

for one year, all his rights In and to his 

allowsnoe shall be revoked by ths Stat0 

Board of Trustees. 

"(a) should the Eedloal Board report 

ad oertify to the oZlat8 Board of Trust**8 

that SUG~ disability bsnaiioiary 5s so 

longer physloally czr mentally inoapaoltated 

for the perf'ors.vmsG of dutyt or that sUGh 

disability benGl5oiaW 5s engag4d In or 54 

able to engag in a gainiul o44UPatioa, ad 

should the %ate Board of Truat444 by .a 
R~orab~* John S. Bud&, Jr., paga 3 

majority rote conour in su4h report, thsn th4 

amount of hi6 4lb~4tno4 shall be dieoonbln~a~ 

or reduced to am amount by wh5oh the m-t & 

tha mIt Year'8 8&?iry Of th4 bOBGflOi~, m 

a teaoher, (aco-da his preseut earnlq oapaoity. 

flbuld hla @mine oapaofty be later ohanti, 

the wount of his allowanoe aax be further moditied; Provided, that the revised allomnoe ahall 

not exoesd the asumnt of the allwuwo ori@m~.I17 granted, nor &all It l roaed an amount whiah, 

W&B added to the amount earnable br the b-&ioiary, equaln the aaount of hIa compensation 

rar the laast year prior to retirmmnt.~ 

SUbseotion 3 providas the 6OBdit5OBS qvon *hioh . 

n-bar l~sy be retired on a dlsablllty retimt alloraa~~ 

namely, Wat the MaQiaal Boar6 after a psedlaal axuiaetlon 

OS mohmembor, shall oertif'y that az4hmemb4zls~atally 

or physleally lnoapnoltate4 ror the further p4rfamame oi 

$&a that suoh lnuapaoity 5s likely to be permamat, aud 

suoh Baember should be retlmLr (~5phaa5e supplied.) 

*m&y* aa uaad in the otatute obr5otmly mean& that duty by 

virtue or uhloh the pareon is a member of th4 Rrtfr4amt 

sYrr*. Thersrore, ii ths Ltsdimal Board reaah*r the uonoluslon that the member ia inonpaoltated ror ntrtber towh5ng 

and oertiiies thy &mm8 in aWOrd6IBW with thu statutG,~wo 

ara or the opialon that the state ~0at-d of Trustw~8 say retire the m4mbsr beoauae of auoh Qleab515tp. 

Subaeation s(a) daal.e wfth a pereon who was retired on eooount of d5aablllty but rho 18 POW ‘WJ l~~gcr~ m 

lnoapaaltated or engaged or able to engags fn a ga5r$l%l deoupation. TheToard ot Tmateee ia authorized to r8dU44 the 

aJJ.owenoa of suoh a person BOW engaged in a gainful OoOupation to an amount by whluh tha last yearb salary of tti bQnefiaiery, ae a teaoher;exoeeds his present aWAing aagaO5ty. 

IB other words, the allowanoe shall not be greateJ! than tba 

amaunt when a&led to hi8 present sarn5ag capaaftjr evala hfa 

laet year.0 aelary as a t44Oh8ro 

~8 this pr0~56fon prevat the Board or 'pmzsteerr 

from ret5r5ng a member physicrally or mentall.y 5mapaQitated 

from teaching bear&we ha Is engaged 5n ama Sam OQauPation? we thfnk not. SO&ion 3 doe% not State that the 
Honorable John 9. Rudd, ar., page 4 

member met not be so %n&%ged, and we are not authorized, 

nor do we feel that we should read it into the statute. 

There would be BO reason to dlst5ngulsh betweeu a member engaged in a gain?ul oocupatlon et the time of retirement, and 

on6 who is not but who later beoofies so engaged, and penal;%4 

the former. 'ile do believe, however, that Seation S(a) sets 

the maxisiwn allowan of suoh person. 

In view O? the foregoing, it 5s the opinion of 

this department that the State Board of Trustees of thr 

T840hOr Rfhlrement System ie authorized to retire a amtb%T, 

who i8 physloally or mentally inOapa6itated from the further 

p8r?ormanoo o? his duty as a teaoher, on a 658ablllty retirwazct allowa~ae under !3ub%8otlon 3, Se@tlon 5 or tbr 

Teaoher Retirwwnt kot ev4n though %uoh mmber is enga@l in 

a grlnrul oooupation ot the time of retlremsnt~ however, the 

allowanor o? eueh tiearbor shall not be more than that amount 

rhioh when aadsd to the anount earnable in auoh gainful oooupatlon 4xo4od8 his last yvmz*8 ooolponsatlon as a boaohm. 

Qvis t ff