Untitled Texas Attorney General Opinion ( 1974 )

r THEA~TORNEYGJ~NERAL
OF’ TEXAS
AUSTIN. T-s 78711
September 16, 1974
The Honorable Hal H. Hood Opinion No. H- 400
Firerrien“s Pension
Comniissioner Re: Eligibility of Firemen’s
503-F Sam Houston Bldg. service rendered prior to the
Austin, Texas 78701 effective date of the pension
act to be credited in the
calculation of benefits.
Dear Mr. Hood:
You have asked our opinion on the correct manner to compute
firemen’s pension benefits. Specifically you ask whether a fireman who
was hired prior to April 9, 1937, the effective date of the act creating the.
Firemen’s Relief and Retirement Fund, may receive benefits for his
service prior to the creation of the fund.
Article 6243e, V. T. C. S., is a lengthy and involved statute.
Numerous methods are listed by which firemen can qualify for pensions,
and the act is replete with population bracket classifications. The most
frequent manner of qualifying for a pension is the attaining of a certain
age coupled with twenty years service. You have inquired generally rather
than referring to a specific provision of the Act. After studying Article
6243e, we have found no general requirement that only service which was
accompanied by contemporaneous participation in the fund qualifies a
fireman for a pension, although there are specific requirements which
condition certain benefits on a lengthy period of participation in and
contribution to the fund. See, e. g., $ $6A, 6B(b), 6B (d), 6C-2(a), 6D(d)(l),
7A(a), 7B(a) and 7C(b)(l).
This pension act is to be given a broad and liberal construction to
accomplish its purposes. Collins v. Board of Firemen, Policemen and
p. 1870
The Honorable Hal H. Hood page 2 (H-400)
Fire Alarm Operators’ Pension Fund Trustees of San Antonio, 290 S.W.2d
719 (Tex. Civ. App. --Waco 1956, writ ref’d n. r. e.); Davis v. Peters, 224
S.W.2d 490 (Tex. Civ. App. --Eastland 1949, no writ). In the past,Article
6243e and similar statutes have been applied to allow all of a fireman’s
service, even though a portion of that service was rendered prior to the
effective date of the Act. City of Dallas v. Hoskins, 193 S.W.2d 533
(Tex. Civ. App. --Dallas 1946, writ ref’d n. r. e.), Attorney General
Opinions O-6583 (1945) and O-4937 (1942). There is no constitutional barrier
to this construction. Byrd v. City of Dallas, 6 S.W.2d 738 (Tex. 1928).
It is our conclusion that a fireman may receive credit for service
rendered prior to the effective date of Article 6243e except where the
statute specifically conditions benefits on a certain period of participation
in the pension fund.
SUMMARY
A fireman may receive retirement credit for
service rendered prior to the effective date of Article
6243e, V.T.C.S., except where the statute specifically
conditions benefits on a certain period of participation
in pension fund.
Very truly yours,
&a
HN L. HILL
Attorney General of Texas
DAVID M. KENDALL, Chairman
Opinion Committee
ps 1871