for their benefit.
The same rule, upon the same reasoning,appliesto your inquiry. These institutionalfunds have been appropriatedfor the support,maintenance, operationand improvementof the respectiveState institutions.We there said:
"There is no just relationbetweenthe insuranceto protect studentstravelingin connectionwith the activitiesof the insti- tution that would justifythe paymentof premiumstherefor. Such insuranceis not reasonablynecessary,nor do we think it la even proper as an incidentto the maintenanceof the institution."
Your first question,therefore,is answeredin the negative.
Pxm-thermore, the Board is not authorizedto pay any part of the pre- miums under considerationfrom the group insurancepremiumsrevolvingaccount HonorableT. 0. Walton,Page 3 (O-2469)
refundedto the Board under the insuranceplan. Theee refundstake the place and occupythe status of the fund6 originallyused -- wrongfully,as we are holdingit to have been -- by the Board In purchasingsuch insurance.
Of course,we are not consideringthe matter from the standpoint of businesspolicy, such a8 might guide an individualin the conductof hie own affairs,but on the contrary,we are coneideringit solelyfrom the stand- point of legislativeauthorityin the Board to make the purchaseof such in- suranceout of the public institutional funds.
Your second questionis thereforelikewiseansweredin the negative.
We have answeredyour questionsbroadlyas you have statedthem. Of course,nothingwe have said shouldbe construedas to excludethe use of funds for such group insuranceproperlybelongingindividuallyto sn employee as a beneficiaryof such fund, where the employeebeneficiaryconsentsto such use. It is his individualmoney and thereforenot withinthe rule we have discussedabove.
Neither shouldour answerbe construedso as to preventa supplement- ing of an employee'ssalaryout of the funds and in the menner specifically providedfor in subsection(2) of the GeneralProvisionsattachedto House Bill No. 255 -- Regular Session,46th Legislaturefor Institutionsof Higher Learning.
Very truly yours
APPROVEDJUL g, 1940 ATPORNEYGENERALOFTEEAS
/s/ Glenn R. Lewis By /a/ Ocie Speer ACTINGA!il'OREEY GENERAL Ocie Speer OF TEEAS Assistant
OS-MR-LM
THIS OPINION CONSIDEREDAND APPROVEDIN LIMITED CONFEREECE