Untitled Texas Attorney General Opinion ( 1941 )


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  • Gerald C. Mann Hon. T. M. Trlmble Opinion Bo. O-4033 First Assistant State Re: Whether independent school Superintendent of Public district may make deductions Instruction from salaries of teachers for Austin, Texas hospitalization plan. Dear Sir: We have received your letter of recent date asking the opinion of this department upon the above captioned question. We also have the letter of September 19, 1941, from Mr. E. W. Jackson, Superintendent of the Beaumont Inde- pendent School District, to Dr. L. A. Woods, State Superin- tendent, and the letter of October 8, 1941 from Mr. T. N. Whitehurst, East Texas Manager of the Pan- American Life In- surance Company, to Mr. Jackson. We quote the following from Mr. Jackson’s letter to Dr. Woods: “The plan proposed would provide for no financial obligations on the part of our Board of Education unless it be for a slight amount of clerical work necessary In making the month- ly deductions from the salaries of teachers participating in the hospitalization plan.@’ We know of no reason why teachers of independent sczhool districts should not be allowed to avail themselves of the benefits of a hospitalization plan. This would be purely a private undertaking, and there is nothing in the statutes or in their employment which would prohibit such an undertaking on their part. You wish to know whether the clerical work of mak- ing monthly deductions from the salaries of the teachers may be, done by the district. The proposed plan imposes no financial obligation on the part of the district. The teachers would enter the plan on a purely voluntary basis, and we see no reason why the teachers may not authorize the district to make deductions from their salaries for oayment of the premium. As we have mentioned above, partici,patlon in the plan is purely voluntaryj Hon. T. M. Trimble, Page 2 therefore, the teachers could withdraw both their membership in the plan and their authorization to the district to make the d,edutitions at any time. It is, therefore, the opinion of this department under the facts submitted to this department that the teach- ers of an Independent school district may enter the described hospitalization plan, and the district may make the monthly deductions from the salaries of the teachers participating in the plan for payment of the premium. This view is especially strengthened by Article 2883a, Vernon's Annotated Civil Stat- utes, which provides for the assignment of salaries of school teachers under conditions therein stated. We want to emphasize that we express no opinion ex- cept as to the particular facts disclosed herein, and this opinion is limited accordingly. Yours very truly ATTORNEY GENERAL OF TEXAS By/s/ George W. Sparks George W. Sparks, .Assistant APPROVED OCT 23, 1941 /s/ Grover Sellers FIRST ASSISTANT ATTORNEY GENERAL APPROVED:OPINIONCOMMITTEE BY: BWB, Chairman GWS:LM:wb

Document Info

Docket Number: O-4033

Judges: Gerald Mann

Filed Date: 7/2/1941

Precedential Status: Precedential

Modified Date: 2/18/2017