Texas Attorney General Opinion: V-06 Page: 2 of 4
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Mrs. B. B. . Sapp, Page ,
Subdivision (1), Section 3, A'rticle 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 1i, 1937, any such teacher
shall file with the State Board of Trustees on a
form prescribed by such Board, a notice of his el-
ection.not to be covered in the membership of the
System and a duly executed waiver of all present
and prospective benefits which would otherwise in-
are to his on account of his participation in the
-Retirement Sygt ea.-"
Paragraph (c), Section 8, Article 2922-1, V.A.
C.S., (Paragraph (c), Sec. 8, H. B. 602, Acts of the Reg-
ular Session, 47th Leg., 1943), reads as follows:
"Any member of the Teacher Retirement System
from whose salary prior to August 31, 1943, a deduo-
tion or deductions have not been made, but which
should have' been made, in accordance with the pro-
visions of this Act, may elect to pay pauch sums
that should have been deducted, on such terms as
are determined by the State Board of Trustees,
and thus receive the credit for prior service and
membership service to which the member may be en-
titled for teaching under the provision of this
Act prior to August 31, 1943, or not to pay such
sums and thus acquire the status of a beginning
teacher as of September 1, 1943, or if said sambeer
is .not teaching at that"time, .as of-the date when
the member resumes teaching under the Act. Pro-
vided, the provisions of this Act shal.aply only
to deductions which should have been made fr I_-al-
aries of teachers prior to August 31, 194, and to
a*sother time." (kmpkasis added)
We call your attention to the fact that in ac-
cordance with the provisions of Paragraph I, Section 3,
Article ?292-1, supra, that teachers electing not to be-
come members of the Retirement System must have signed
proper waivers "within a period of 90 days after Septem-
ber 1, 1937." From reading your request, we assume that
the teachers inquired about have never executed waivers
and that they have held eligible positions in the Teaekh-
er Retirement System since September, 1937.1I'
II
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-06, text, January 17, 1947; (https://texashistory.unt.edu/ark:/67531/metapth264826/m1/2/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.