Opinion letter to the Honorable Robert 0. Snyder

March 5, 1975 OPI NION LETTER NO . 26 Answer by Letter - Jones Honorable Robert o. Snyder State Representative, 95th District State Capitol Building, Room 204 Jefferson City, ~tis souri 65101 Dear Representative Snyder: F \ LED ~(p This letter is to acknowledge receipt of your request for an opinion from this office which reads as follows: "\'7hether certain 'prcmi urn' compensation paid to a teacher of a School District, under a policy adopted by the District's Boar d of Education, is to be included in the teacher's compensation in determining his final aver- age salary under The Public School Retire- ment System of Missouri and whether a sum equal to 8% of such 'premium' compensation must be paid into the retirement fund by both the teacher and the District. There is a difference of opinion between the School District and The Public School Retirement System." In connection with the above, it i s our understanding that the Public School Retirement System of Missouri has expressed strong disagreement with the views of the school district on the issue whether "premium compensation" for early retirement is to be considered by tile Retirement System in determining the retire- ment compensation of a teacher. Therefore , since this office is required under the provisions of subsection 20 of Section 169 . 020 , RSMo Supp. 1973, to be t he legal advisor to t he board of trustees of the Retirement System and represent the Board in all l egal proceedings, and in view of the position the board has taken, Honorable Robert o. Snyder which we believe has a great deal of merit, we respectfully decline to render an opinion on the question whether "premium compensa- tion" for early retirement is to be considered in determining the final average salary of a teacher by the Public School Retirement System of Hissouri. We do not in this letter pass on the question of the author- ity of a school district board to make "premium" payments for early retirement of teachers. Very truly yours, JOHN C. DANFORTH Attorney General - 2 -