Opinion No.

The Honorable Allen Maxwell State Representative 188 Southern Oaks Monticello, Arkansas 71655-5737

Dear Representative Maxwell:

I am writing in response to your request for an opinion on four questions concerning Act 773 of 1999, the relevant part of which is codified at A.C.A. § 24-7-1303 (b)(2) (Supp. 2005). Your questions are as follows:

1. If a school district hires a superintendent not covered by the Teacher Deferred Retirement Option Plan (T-Drop), would the school district be permitted under Act 773 of 1999 to provide a tax sheltered annuity as a part of that superintendent's compensation…