No. V-0006 (1947).

• Case Date: January 17, 1947
• Court: Texas

Texas Attorney General Opinions 1947. No. V-0006 (1947). 1January 17, 1947Mrs. B. B. SappDirector and Executive SecretaryTeacher Retirement System of TexasAustin, TexasOpinion No. V-06Re: Interpretation of Paragraph (1), Section 3, Article 2922--1, V.A.C.S.; Subdivision e, Section 8 of Article 2922--1, V.A.C.S.Dear Mrs. Sapp: We are in receipt of your request for our opinion on the hereinabove captioned matter, and we quote from your letter as follows:

"We have some teachers in Texas who have been holding eligible positions since the inception of the Retirement System. They did not know their position was eligible until recent date.

"* * *

"I am now confronted with the question, if a person was holding an eligible position in 1937--38 and did not realize that it was eligible, and now the eligibility is being made known to such employee, could such employee be given the right of signing a waiver such as was offered employees in the first 90 days of the 1937--38 school term, or must they comply with House Bill 602? If the answer is that employees must conform to the regulations as prescribed in House Bill 602, would employees who are just now being informed that they hold eligible positions have to make their payments, or deposits, retroactive to August 31, 1943, or could they begin now making deposits and have the status of a beginning teacher?

"The employees in question were holding eligible positions in 1937--38 but have not been informed until recently of the eligibility of their positions."

2 Subdivision (1), Section 3, Article 2922--1, reads as follows:

"All persons who are teachers on the date as of which the Retirement System is established shall become members as of that date as a condition of their employment unless within a period of ninety (90) days after September 1, 1937, any such teacher shall file with the State Board of Trustees on a form prescribed by such Board, a notice of his election not to be covered in the membership of the System and a duly executed waiver of all present and prospective benefits which would otherwise inure to him on account of his participation in the Retirement System."

Paragraph (c), Section 8, Article 2922--1, V.A.C.S., (Paragraph (c), Sec. 8, H. B. 602, Acts of the Regular Session, 47th Leg., 1943) reads as follows:

"Any member of the Teacher Retirement System from

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