Open Records Decision No. 253
October 14, 1980

	Re:  Whether a list of the amount of teacher retirement funds paid to individual 
employees is available for the use of a legislator

Mr. Bruce Hineman
Acting Executive Secretary
Teacher Retirement System of Texas
1001 Trinity Street
Austin, Texas  78701

Dear Mr. Hineman:

	You have requested our opinion under the Open Records Act, article 6252-17a, 
V.T.C.S., as to whether a list of the amount of teacher retirement funds paid to individual 
employees is available for the use of a legislator.

	Section 3(a)(1) of the act excepts from disclosure “information deemed 
confidential by law.”  Article 6228k, section 7, V.T.C.S., provides:

Records of all individual members and beneficiaries in the custody 
of statewide retirement systems are personnel records and are 
deemed to be confidential information under the provisions of 
Chapter 424, Acts of the 63rd Legislature, Regular Session, 1973, as 
amended (Article 6252-17a, Vernon's Texas Civil Statutes), except 
that information in the records may be transferred between statewide 
retirement systems to the extent necessary to administer the Act.

Although members of the legislature are granted certain special rights of access to 
information under sections 3(b) and 14(c) of the Open Records Act, such privileges do 
“not extend to information excepted from disclosure by statute or common law, i.e., by 
section 3(a)(1).”  Open Records Decision No. 237 (1980).  Thus, with regard to the 
particular information about which you inquire, a legislator has no greater right of access 
than any member of the public.

	Section 7 of article 6228k would clearly prohibit the release of the names of 
individual retirees matched with the amounts they have received from a statewide 
retirement system.  The request specifies, however, that the list “need not include the 
names of retired employees.”  In our opinion, the mere disclosure of amounts paid to 
individuals does not contravene the statutory prohibition, so long as the information 
released does not furnish a basis for identification of any employee.

	In Attorney General Opinion H-529 (1975), this office held that section 51.14 of 
the Family Code, which prohibits the disclosure of files “relating to a child,” does not 
proscribe the release of non-identifying information which categorizes offenses on the 
basis of the age, sex and race of the offender, and the nature of the crime.  The opinion 
said that section 51.14 does not preclude disclosure of “general statistical data which 
provides no real opportunity for identification.”  See also Open Records Decision No. 
165 (1977).

	In our opinion, this principle is equally applicable to teacher retirement 
information.  So long as the information disclosed does not furnish a basis for 
identification of a retiree, it should be released.

Very truly yours,

Mark White
Attorney General of Texas

John W. Fainter, Jr.
First Assistant Attorney General

Richard E. Gray III
Executive Assistant Attorney General

Prepared by Rick Gilpin
Assistant Attorney General

APPROVED:
OPINION COMMITTEE

Susan Garrison, Acting Chairman
Jon Bible
Rick Gilpin
Nancy Lynch
Bruce Youngblood