The Attorney General of Texas 

December 29, 1978 

JOHN L. HILL 

Attorney General 

Honorable Hal H. Hood 

Firemen’s Pension Commissioner 

503-F Sam Houston State Office Building 

Austin, Texas 78701 

Dear Commissioner Hood: 

Opinion No. H- 13 16 

Re: Eligibility for membership 

in Firemen’s Relief and Retirement Fund. 

You have requested our opinion regarding the scope of eligibility for 

participation in the Firemen’s Relief and Retirement Fund under article 

6243e, V.T.C.S. 

A broad and liberal interpretation should be given to the construction of 

a pension law in order to achieve the beneficial intentions of the legislature. 

Board of Firemen’s Relief and Retirement Fund Trustees v. Marks, 237 S.W.2d 

420 (Tex. Civ. App. - Austin 1951), rev’d on other grounds, 242 S.W.2d 181 

(Tex. 1950 (claim for disability pension). Article 6243e makes numerous 

references to ‘duly appointed and enrolled” firemen. No precise definition is 

given for a “fireman,” although that term is defined in other pension statutes 

as “an active member of a regularly organized fire department of an 

incorporated city.” V.T.C.S. arts. 6243e.l 5 (2), 6243e.2 5 (2). We believe 

that an individual need not be engaged in the actual task of fighting fires in 

order to be a fireman for purposes of article 6243e. We are led to this 

conclusion .in part by the language of section 2 of article 6243e.2. That 

section requires that, in certain large cities the Board of Trustees who 

administer the pension fund be composed of representatives from: (1) the 

“Suppression Division” of the fire department, (2) the division whose members 

devote full time to prevention and investigation of fire or are permanently 

assigned to the “Record Division or Fire Chief’s Office,” and (3) the “Fire 

Alarm Operators Division or the Fire Department Repair Division.” The same 

reference to these three categories was found in article 6243e when that 

statute applied to larger cities. Acts 1957, 55th Leg., ch. 275. We think that 

this representation on the board of trustees reveals the intended scope of 

oarticioation in the oension olan. COIIIDarable conclusions have been reached 

by courts of other s’tates fa;?ed with co’nstruing pension statutes for firemen. 

Quinn v. Retirement Board, 289 N.E.2d 117, 122 (Ill. App. 1972) (fire 

commissioner was a fireman although not actively engaged in fire fighting); 

Maust v. Firemen’s Relief Assoc., 282 A.2d 239, 240 (Pa. 1971) (actual fire 

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Honorable Hal H. Hood - Page 2 (~-1316) 

fighting not required to obtain pension rights); Leffingw ell v. kiersted, 65 A. 1029, 1030 

(N.J. 1907); Knoll v. City of Los Angeles 132 P.m3 (Cal’f 1942) ( 

prepared statistical data was member of)fire department 

clerical worker who 

fir’pension purposes). But see 

-Thatcher v. Hogan, 121 N.E.2d 130 (Ohio Ct. Corn. Pleas 1954) (lineman cable splicer 

le for fireman pension plan). 

We caution however, that not every employee on a fire department may be 

considered a member of that department for pension purposes. We believe one’s 

employment must bear a significant relationship to the duties of a fire department which 

is a question of fact we cannot determine in the opinion process. See Firemen’s and 

Policemen’s Civil Service Comm. v. Wells, 306 S.W.2d 895 (Tex. 1957manitor of police 

deoartment was not eneaeed in the active duties of law enforcement and thus was 

ineligible for pension). - I 

You also ask who determines eligibility. It is our opinion that eligibility to 

participate in the pension fund is determined in the first instance by the Board of 

Trustees, established by section 3 of article 6243e, whose duties include the authority to 

receive, handle and control, manage, and diipurse such Fund 

. . . [andI to hear and determine all applications for retirement, claims for disability, either partial or total, and to 

designate the beneficiaries or persons entitled to participate 

therein. . . . 

SUMMARY 

All members of a fire department whose duties include the 

prevention, suppression, investigation, maintenance and related clerical work are eligible to participate in the Firemen’s 

Relief and Retirement Fund. Eligibility is determined by 

Board of Trustees. 

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Honorable Hal H. Hood - Page3 (H-1316) 

APPROVED: 

Opinion Committee 

P. 5180