Mrs. Marie Hudson 

Fireman's Pension Commissioner 

702 Tribune Building 

Austin, Texas 

Opinion No. ~~-726 

Re: Whether a Fire Department 

joining the State Firemen's Pension System must 

have 100% participation 

and If an age limit can 

be set for individual 

firemen to participate 

Dear Mrs. Hudson: in the Pension Program. 

You have requested an opinion as to whether a Fire 

Department joining the State Firemen's Pension and Retirement Program is required to have all firemen participate 

in the program. 

House Bill 358, Acts of the 45th Legislature, Regular 

Session, 1937, Chapter 125, page 229, codified as Section 10, 

Article 6243e of Vernon's Civil Statutes, allowed the individual fireman to make his choice as to his participation in the 

Pension and Retirement Program. 

"Sec. 10. Withln sixty (60) days 

after this Act takes effect each fully 

paid fireman and each part paid fireman 

whose salary or compensation is Fifty 

Dollars ($50) or more per month and each 

part paid,fireman whose salary or compensation is less than Fifty Dollars ($50) 

per month and each active voluntee fireman in the employ of any such city or 

town or enrolled in the fire department 

of any such city or town, who desires himself or his beneficiaries, as hereinafter 

named, to participate in such Fund or the 

benefits therefrom as by this Act provided, 

shall file with the Secretary-Treasurer of 
Mrs. Marie Hudson, page 2 (~~-726) 

the Board of Firemen's Relief and Retirement 

Fund Trustees of that city or town a statement in writing under oath that he desires 

to partic!.pate in the benefits from such 

Fund, e . .' 

Section 12 of House Bill 68, Acts of the 55th Legislature, Chapter 275, Page 617, codified as Section lOB, Article 

6243e of Vernon's Civil Statutes, amended Section 10 of Article 

624je. This amendment recognized the privilege of a fireman 

not to participate in the program if he was a member of a department which had an existing retirement program at the time 

this amendment took effect. 

"Any fireman who is a member of a department which had an existing Firemen's Relief 

and Retirement Fund prior to the effective 

date of this amending Act and who has elected 

and does elect not to participate in such Fund, 

shall not be liable for any salary deduction 

provided by this Act; but each person who shall 

hereafter j,oin a fully paid fire department 

which then has a Relief and Retirement Fund 

shall file a statement in writing, in the manner hereinabove provided by this section, upon 

joining such department and shall thereafter 

participate In the contributions to and benefits from such Fund, as provided by this Act, 

unless such new fireman shall be rejected or 

excused therefrom by the Board of Trustees 

upon a determination by the Board that such 

person is not of sound health. . o ." 

It is our opinion that all firemen, who are members 

of a fully paid fire department, must participate in the Firemen's Relief and Retirement Fund unless they, as individual 

members of a fire department with a retirement program, had 

elected not to participate in that retirement program before 

Section 10-B, Article 6423e, Vernon's Civil Statutes, became 

effective. 

Your second question as to whether an age limit can be 

set precluding firemen over the age of forty (40) from participating in the Firemen's Relief and Retirement Program is 
- . 

Mrs. Marie Hudson, page 3 (~-7%) 

answered by Section 10-B of Article 6243e, as set out above. 

Under Section 10-B, an individual who joins a fully paid fire 

department, covered by this Act, with a Relief and Retirement 

Program, is required to participate in the Program unless such 

fireman is rejected by the Board of Trustees for the reason 

set out in the statute. 

In our opinion this would not allow a fire department 

to exercise its discretion in excluding individuals on the basis 

of age. 

Section 10-B of Article 6243e of Vernon's Civil Statutes 

restricts its coverage to fully paid fire departments which 

necessarily restricts the coverage of this opinion to fully 

paid fire departments, although as indicated a member of any 

fire department with a retirement system in effect at the time 

this statute went into effect who now works for a fully paid 

fire department participating or that is now electing to participate in the Firemen's Pension and Retirement Fund has the 

option as set forth In this opinion. 

SUMMARY 

All firemen, who are members of a fully 

paid fire department, and are covered by 

this Act, must participate in the Firemen's Relief and Retirement %nd established under Section 10-B of Article c243e, 

Vernon's Civil Statutes, unless they, ds 

individuals, elected not to participatn 

in a re'1remer.t fund available to them 

through their fire department prior to 

May 22, 1957. 

A fire department cannotexclude an individual who joins that department from 

participating in the Firemen's Relief and 

Retirement Fund on the basis of age. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

JCS:me:mfh By 525 :;i& 

Assist&t 
. . 

Mrs. Marie Hudson, page 4 (WW-726) 

APPROVED: 

OPINION COMMITTEE 

John Reeves, Chairman 

Willlam E. Allen 

L. P. Lollar 

Arthur J. Sandlin 

REVIEWED FOR THE ATTORWY GENERAL 

BY: W. V. Geppert