AGO 1949-51 No. 192.

• Case Date: January 09, 1950
• Court: Washington

Washington Attorney General Opinions 1950. AGO 1949-51 No. 192. January 9, 1950[Orig. Op. Page 1]PRIVATETEACHERS' RETIREMENT.A teacher retired for permanent disability who subsequently becomes employed by a public educational institution, ceases to draw a pension but continues to draw his annuity unless he elects to resume membership in the Teachers' Retirement System, in which case, annuity as well as pension payments are terminated.Mr. L. B. Burrus Secretary-Manager Teachers' Retirement System Olympia, WashingtonCite as: AGO 1949-51 No. 192Dear Sir: Receipt is acknowledged of your letter of November 18, 1949, in which you state that a former teacher retired for disability in 1947 under § 55, chapter 80, Laws of 1947 [Rem. 1947 Supp. 4995-74] has recovered from disability and returned to service as a non-certificated employee in a Washington public school. You inquire whether the State Teachers' Retirement System should pay this man his monthly annuity while he is so employed at some future date when he leaves public school employment restore his monthly pension, even though he may not be disabled at that time. It is our conclusion that his annuity payments should continue but that his pension payments should be suspended so long as he remains in public school employment but may be resumed, when he leaves that employment, even though he may not actually be disabled at that time, but he may elect to drop his retirement and resume membership in the Teachers' Retirement System. ANALYSIS Section 55, chapter 80, Laws of 1947 [Rem. 1947 Supp. 4995-74], provides for the method of retiring a member of the system for disability determined to be permanent. This section first gives the member an option not material to this discussion and then provides: [Orig. Op. Page 2] "* * * If the member elects to receive a retirement allowance because of disability he shall be paid an annuity which shall be the actuarial equivalent of his accumulated contributions at his age of retirement and a pension which shall be the actuarial equivalent of the pension to which he would be entitled at age sixty (60) according to his years of service credit, but in no event shall the total allowance for disability be less than sixty dollars ($60) per month." There is no express provision in the statute for terminating a permanent disability retirement...