Thus, someone who has retired is no longer a member of the retirement system and is not eligible to receive creditable service under the provision you inquire about. This interpretation is supported by the fiscal note attached to this provision when enacted by the 66th Legislature. You also ask whether reemployment by the state of a retired state employee entitles him to resume membership in the retirement system and establish retirement credit for service not previously established. Section 5.B.4. of article 6228a relates to the reemployment of retired appointive officers or employees. It states that any retired appointive officer or employee may return to state employment on a temporary basis, as a part-time employee, or a consultant.
Provision is made for suspension of retirement benefits after a certain time.
This clearly states that retirees shall not resume the status of contributing members to the retirement system on reemployment by the state. You inform us that under your long-standing practices, retired state employees who return to state employment do not become members of the system. The construction of a statute by the state agency charged with its administration is entitled to great weight. In our opinion, reemployment by the state of a retired state employee does not entitle him to resume membership in the retirement system and establish retirement credit for service not previously established. He does not resume membership upon reemployment with the state, and hence is not a member of the retirement system eligible to receive creditable service under V.T.C.S. article 6228a, s 3.A.3.