. _- 

THEATTORNEYGENERAL 

OF TEXAS 

Auwrxiw ?.I. Texan 

GROVER SELLERS 

-N A1TORNEYG*NERAL 

Honorable Bayne Satterfield, Commissioner 

Office of Firemen's Pension Commissioner 

P, 0. Box 1062 

Austin, Texas 

Dear Sir: Opinion No. O-6835 

Re: Whether a fireman, who has reached 

twenty years of service after 

going In the Armed Forces, is 

eligible to be granted a Service 

Certificate in accordance with Sec. 

6, Art. 6243e, Title 109, V.A.R.C.S.? 

We have goup letter of September 9, 1946, asking for an 

opinion from this department, based upon the following facts, 

to-wit: 

"A participating fireman served approximately 

18 years in his fire department aa an active 

fireman. Soon after completing the 18 years' 

service he entered the armed service of our Nation. 

While serving in the armed service he completed 

his 20 gears and he is still in the armed service. 

He has not been an active member of the fire 

department since he completed his 18 years of 

service. The question is whether he is ellglble 

to be granted a Service Certificate in accordance 

with the provisions of Section 6 of the Act-- 

Article 6243e. Applicant has not reached the age 

of 55 years. He entered the armed service during 

the War and National Emergency." 

Section 6 of Article 6243e, V.A,R.C,S., to~which you 

refer, Acts of 1945, 49th Legislature, p- 58, Ch. 4.0, Sec. 1, 

reads as follows: 

"On and after the 1st day of Ap~ll, A.D. 1939, 

any person who has been duly appointed and enrolled, 

and who has attained the age of fifty-five (55) 

years and who has served actively for a period of 

twenty (20) years in some regularly organized fire 

department in any city OP town in this state now 

within OP that may come within the provisions of 

this Act, in any rank, whether as wholly paid, part 

paid OP volunteer firemen, shall be entitled to be 
Hon. Bayne Satterfield, pnge 2 o-6835 

retired from such service or department and shall 

be entltled to be paid from the Firemen's Relief 

and Retirement Fund of that city or town, a monthly 

pension equal to one-half of hi's average monthly 

salary not to exceed a maximum of One Hundred 

Dollars ($100.00) per month; such average monthly 

salary to be baaed on the monthly average of his 

salary for the five (5) year peri~od preceding 

the date of such retirement; provided further, that 

If his average monthly salary is FI,fty Dollars 

($50.00) or less per month or If a volunteer fireman with no salary, he shall be entitled to a 

monthly pension or retirement allowance of Twentyfive Dollars ($25.00). Notdlthstanding any other 

provision of this Act, it is hereby speci~ally provided that any eligible and 

9 

ualifled fireman who 

shall have completed twenty 20) years of service 

before reaching the age of fifty-five (55) years 

may apply to the Board of Trustees for, and It 

shall be the Board's duty to Issue a certificate 

showing the completion of such service and showing 

and certifying that such fireman, when reaching 

the age of ffftg-five (55) years, will be entitled 

to the retirement and other applicable benefits of 

the Act; provided further, that when any fireman 

shall have been Issued such certificate he shall, 

when reaching retirement age, be entitled to all 

the applicable benefits of the Act, even though he 

shall not have been engaged in active service as a 

fIreman after the isasuatwe of such certificate. 

Provided further, that in order to participate In 

the benefits authorized under this Act all persons 

shall continue to pay into the Firemen's Relief 

and Retirement Fund the amounts provlded for all 

participants thereunder up to the time of their 

retirement.' 

Incldentally, this particular Section of said ArtLcle 

6243e was construed in Opinion No. O-6583 by Judge Speer to you 

on or about May 22, 1945, in the following language: 

"This Section repeats verbatim Section 6 of Chapter 

125, Acts of the Regular Session of the 45th Legislature, 

and adds that portionof the above quotation which we 

have underscored for conveni~ence sake." (The Underscored portion being the last half of the Section 

quoted beginning with "Notwithstanding any other provision," etc., and endIng with 'up to the time of 

their retirement.“) 
. -. r 

Hon. Bayne Satterfield, page 3 0 -6835 

"We think it la plain from the specific language 

of the newly added matter to Section 6 that the Legislature intended that any eligible and qualified 

fireman, who shall have completed twenty years. of 

service before reachlngthe age of fifty-five years, 

would be entitled to the certificate showing such 

service, whether such completion is before or after 

the effective date of Senate Bill 89, provided it 

is on or after the 1st day of Appil, A, D. 1939." 

: 

Section 21, of Article 6243e, on the computation of 

of aervioe, provides that: 

"In computing the time or period for retirement 

for length of service as herein provided,-less than ^ . 

length 

one year out or aervlce or any time served in the 

armed forces of the NatIon during war or National 

emergency shall be construed as continuous service, 

but if out more than one year and leas than five (-5) 

years, credit shall be given for prior service, but' 

zeF;tj.;n made fop the length of time out of service. 

(underscoring ours) 

As was said in this Department's Opfnion No- C-4625 to you 

in July, 1942: 

'It la OUP opinion that Section 21 of the Act (being 

Sec. 16, Art, 6243e, Title LCg, as codified under Vernon's Annotated Revised Civil Statutes of the State of 

Texas, Vol. 17, 1946 Cumulative Annual Pocket Edition) 

under consideration does not distinguish the status of 

a ffreman who resigned from one who takes a leave of 

absence, Therefore, where a fireman resigned, or 

secures a leave of absence for the purpose of entering 

the armed forces of the Natton during war OP National 

emergency and does so enter the armed forces, the time 

he serves in the army durfng such period of war or 

National emergency fa considered continuous service 

for retFrement purposes." 

In view of the cited pcrtlon of the Firemen's Relief and 

Retirement Act, and the various opinions of this Department heretofore rendered on this and kindred phases of the questions 

propounded by you and which we have quoted herein, we are of 

the opinion that a fireman who has reached twenty (20) years 

of service, after goin 

7 

Into the armed forces, before reaching 

the age of fifty-five 55) years, is eligible, under the facts 

you give us, to be granted a Service Certificate as provided 

under Article 6243e, and the Sections hereinabove set out. 
Hon. Bayne Satterfleld, page 4 O-6835 

Yours very truly, 

ATTORNEY GENERAL OF TEXAS 

By s/John L. Wroe 

John Lo. Wroe 

Assistant 

JLW:LJ:wc 

APPROVED NOV 1, 1946 

s/Grover Sellers 

ATTORNEY GENERAL OF TEXAS 

Approved Opinion Committee By s/BWB Chairman