Texas Attorney General Opinion: O-5050 Page: 2 of 6
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Honorable Melvin CE idson, pase #2
sixty, if the member shall have completed twenty or more years
of "oreditable service" as defined by the Aot; the same section
"Any member in service who has attained theo
ao of seventy('l0) years shall be retired forth-
with, provided that with the a proval of his e -
Rloer he X rexanlflaFservie. EWSlpEin ours).
By its expressoa tor, therefore, the Act provides
for the non-voluntary retirement at age seventy of only those
employees of the Teachers Colleges who are "membors" of the
Retiremont System, as tnat term is defined by Section 3 of the
Act, as amended; and, even as to member who reach seventy
years of age, it is provided thatthly-ay remain in service
nith tho approval of their employers. There is no requirement
contained in the Retirement Act, therefore, that members of the
faculties of the Teachers Colleges be retired without exception,
upon their reaching seventy years of aeo, If such persons are
members of the Teacher Retirement System, they may remain in
service after ae seventy only upon. the affirmative approval of
their employee rel but, if such approval is given, eranbors of ti~
RetiLement Syseran may continue in service.
Your third and fifth questions relate to the same
ccnoral inquiry, an ill be considered together; hey are as
"(3) Since each college has a local com-O
mittee composed of three of the Resgents selected
from the Board, should they be invested with tOhe
power to decide to retain or dismiss members of
the faculty who have reached the age of seventy
or should this ruling be by the entire Board in-
stead of the comittoe?
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-5050, text, 1943; (texashistory.unt.edu/ark:/67531/metapth262305/m1/2/: accessed November 20, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.