Opinion letter to Dr. Robert D. Elsea

February 19, 1975 OPINION LETTER NO. 30 Answer by letter-Jones Dr. Robert D. Elsea, Executive Secretary Public School Retirement System of Missouri Post Office Box 268 Jefferson City, Missouri 65101 Dear Dr. Elsea: FILED ~() This letter is to acknowledge receipt of a request from your predecessor for an opinion from this office which provides as follows: ''lihether or not new employees of the De- partment of Elementary and Secondary Edu- cation, the Missouri School for the Blind, and the Missouri School for the Deaf, are entitled to participate in the Public School Retirement System as a result of the passage of Senate Bill No. 1, commonly referred to as the Reorganization Bill? We also would wish your response to cover employees and employers set forth in Section 169.130.1 and Section 169.130.3." The following facts were also furnished in the opinion request : "Under the provisions of subsection 16 of Section 169.010 RSMo Supp. 1973, persons employed in the State Department of Educa- tion or by the State Board of Education in an executive capacity and other persons em- ployed by said State Board of Education on a full time basis who shall be duly certi- ficated under the law governing the certi- fication of teachers are entitled to member- ship in the Public School Retirement System. As a result various employees of the Depart- ment of Education, the Hissouri School for Dr. Robert D. Elsea the Blind, and the Missouri School for the Deaf are members of this Retirement System. "However, under the provisions of Section 5 (1) and (2) pages 20 and 21 of Senate Bill No. 1, there is created a Department of Ele- mentary and Secondary Education, and the De- partment of Education is abolished. Also the Missouri School for the Deaf, and the Missouri School for the Blind, are transferred to the Department of Elementary and Secondary Educa- tion by a Type 1 transfer. "We have presumed that new employees of the Department of Elementary and Secondary Educa- tion, the Missouri School for the Deaf and the Missouri School for the Blind are eli- gible to participate in the Retirement Sys- tem, but a question has been raised, and a formal opinion is needed to clarify the matter." It is our understanding that your question relates to whether or not new employees of the various agencies a.nd departments that you mentioned in your opinion request will be eligible to partici- pate in the Retirement System. In this regard, the Public School Retirement System of Missouri is provided for in Sections 169.010 through 169.130, RSMo 1969. The phrase "public school" is defined in subsection 12 of Section 169.010, RSMo Supp. 1973, as follows: "(12) 'Public School' shall mean any school conducted within the state under the author- ity and supervision of a duly elected dis- trict or city or town board of directors or board of education and the board of regents of the several state teachers' colleges, or state colleges, board of trustees of the pub- lic school retirement system of Missouri, and also the state of Missouri and each county thereof, to the extent that the state and the several counties are employers of teachers as herein designated;" The word "teacher" is defined in part in subsection 16 of Sec- tion 169.010, RSMo Supp. 1973, as follows: "(16) 'Teacher' shall mean ••• and the state superintendent of public schools or commissioner of education, persons employed -2- Dr. Robert D. Elsea in the state department of education or by the state board of education in an executive capacity and other persons employed by said state board of education on a full-time ba- sis who shall be duly certificated under the law governing the certification of teacherst II In addition, subsections 1 and 3 of Section 169.130, RSMo 1969, provides as follows : " 1. Any person, duly certified under the law governing the certification of teachers, employed full time as a teacher by the state board of training schools, by the division of inmate education of the department of cor- rections, or by a division of the state de- partment of public health and welfare and who renders services in a school whose stan- dards of education are set and which is su- pervised by a public school officer of the county in which the school is located or by the state department of education, is a mem- ber of the public school retirement system of Missouri. Any such person who becomes a member before the end of the school year next following July 18, 1948, may claim and re- ceive credit for prior service. The contri- butions required to be made by the member's employer shall be paid from appropriations to the institution by which the member is employed. * * * "3. Any person, duly certificated under the law governing the certification of teachers, employed full time, and whose du- ties include participation in the educa- tional program of the division of mental diseases, in either a teaching or super- visory teaching capacity shall, after Au- gust 7, 1969, be a member of the public school retirement system, but any such per- son whose employment with the division of mental diseases commenced prior to August 7, 1969, may elect not to become a member by so notifying the division of mental diseases in writing within thirty days after August 7, 1969." -3- Dr. Robert D. Elsea Initially, we note that Section 5. 1 of c.c. s . H.c.s.s.c.s. Senate Bill No. 1, First Extraordinary Session, 77th General As- sembly (hereinafter referred to as Senate Bill No . 1), provides for the creation of a Department of Elementary and Secondary Edu- cation. Section 5.4 of Senate Bill No. 1 indicates that the Mis- souri School for the Deaf, Chapter 178, RSMo, and others, and the Missouri School for the Blind, Chapter 178, RSMo, and others, are transferr ed to the Depar tment of Elementary and Secondary Educa- tion by a Type I transfer. In Section 9.3 of Senate Dill No. 1, the Division of Mental Health of the Department of Health and Wel- fare, Chapter 202, RSMo, and others, is abolished and all powers, duties , and functions then assigned by law to the division, the director of the Division of Mental Health or any of the institu- tions or officials of the division are transferred by Type I transfer to the Department of Mental Health. Section 13.1 of Sen- ate Bill No. 1 provides for the creation of a Department of Social Services. Said section also provides that all the powers , duties, and functions of the director of the Department of Public Health and Welfare, Chapters 191 and 192, RSMo, and others, not previously reassigned by executive reorganization plan 2 of 1973 as submitted by the Governor under Chapter 26, RSMo, and except those assigned to the Department of Mental Health are transferred by Type I trans- fer to the Director of the Department of Social Services. Section 13.15 of Senate Bill No . 1 provides that all the powers, duties, and functions of the Department of Corrections, Chapter 216, RSMo, and others, are transferred by Type II transfer to the Department of Social Services and the Department of Corrections is abolished. The divisions within the Department of Corrections shall be redes- ignated as sections. Section 13.16 of Senate Bill No. 1 provides that all the powers, duties, and functions vested in the State Board of Training Schools, Chapter 219 , RSMo, and others, are transferred by Type I transfer to the Division of Youth Services which is au- thorized to be in the Department of Social Services. Lastly, Sec- tion 1.11 of Senate Bill No . 1 reads as follows: "11. Nothing in this act shall be inter- preted as transferring any employee from one state pension or retirement system to another." In connection with the above, the primary rule of statutory construction is to ascertain and give effect to legislative in- tent. City of Kirkwood v. Allen, 399 S.W.2d 30 (Mo . Banc 1966). Also, in interpreting a statute, one must presume that the leg- islature intended a logical and reasonable result. McCarthy v. Board of Trustees of the Firemen ' s Retirement System of St. Louis, 462 S.W. 2d 827 (St.L.Ct.App. 1970). Under such circumstances, it is our view that the legislature did not intend by the passage of Senate Bill No. 1, to exclude old or new teachers of the various departments and agencies that you referred to in your opinion - 4- Dr. Robert D. Elsea request from participating in the Public School Retirement Sys- tem of Missouri. It is, therefore, our view that the passage of Senate Bill No . 1, First Extraordinary Session, 77th General Assembly , com- monly referred to as the Reorganization Bill, does not preclude new teachers of the Department of Elementary and Secondary Educa- tion, the Missouri School for the Blind, and the Missouri School for the Deaf, and the teachers set forth in subsections 1 and 3 of Section 169 . 130, RSMo 1969, from participating i n the Public School Retirement System of Missouri. Yours very truly, JOHN C. DANFORTH Attorney General -5-