Untitled Texas Attorney General Opinion ( 1942 )

,, 4 _.^. ,A . . . . ‘ ._. j - . . . . :...* OFFICE OF THti ATTORNEY GENE-L 0s TEXAS a~. AUSTIN Eonorable E. Bayne ``atterf'ield, Commisaloner lWmib3n~s Pension Comu~Isslon .Auatln, Texas n Dear Sir: Your request General or Texas reaas mat date should Mr. a have been retirea and what monthly benefit should he be granted undeF the Honorable H. Bapne Satterfield, page 2 provisions 6243, Revised C~YII 8tatiutes or Axtlele or Texas? He and ‘hia da artmanti were ,pat+jipat- ing members of the Dieab P lity and Retlrtient b&up of this State operatin& mder the above Article.” Se&Ion 6 or Artiale 62l,3e, Y. A. C. S., provldess =On aud~arter the 1st day of April, A.D. 1939, any person who has been duly appointed and enroiled and who has attain@ the age or fifty-fire 55) years and whb has served aotively ror a per od @fi: ,. twenty (20) year8 In some regularly organized riro department in any olty or town Fn this State now within or that may oome within the provisions. of this Aot, In any rank, whether aa wholi paid, paid or volunteer riremen shall be entl e led to rte ; retired rrom euoh servloe or department and shall be entitled to ba paid iran the Firemen’s Belier and Betliament Fund or that oity or town, a month-’ ly pension equal to one-half of his average-monthly salary not to exoeea d niaxlraum or One HundredsDol.- lars ($100) per manthi Suah average monthly salary to be based on the monthly average or his ealary for the five (,6) ,year period preceding ~ths dat,e af anah retlrementj pt&Wlded further, that ,#’ hQ# avex- age monthly salary Is Fifty Dollars (#!%I)~ Qr bless per month or It a roluntser firasan with ‘nc! .a@.aryj he shall be entitled to 8 monthly pens&n or ri+ tireaent iillowanoe or 9kenty-rivelM.lar8 ($25).w FXOQthe faotia stated in your letter. it ie the 0 ln- Ion of this department, ,and ,you ara so advised,~ that ,4&a E4 Fe- mau % question ahould.have bean retired en January 1, 194% HO may QOW be ret&red at &ny time and is ontitled. ~$0 be Paid, from ~the Firaaen*s ‘Belief and Retirement Fund a mOn?@ly p@aaiOa equal to one-hall of ai& average monthly atiary nsrt PreWddfng the date of I&I retirement but not to exoeed a msimum Qt )l@ $br :~sonth, ~5.8 average imithly salary ror,the pest'fliqi PeOrs avlng been $200, hs~ la eitltled to be retired and to rewiye a pen&on of #lDb par math. .i Tocws very ~truly cm DE0 4,19J4 Gerald C. Mann ATTORIBYGEHERbLOFTRXAS XGPtdb APPROVED OPlmOBT co-