The Attorney General of Texas 

December 1, 1980 

MARK WHITE 

Attorney General 

Honorable James B. Adams 

Director 

Opinion No. m-282 

Texas Department of Public Safety 

5805 N. Lamar Boulevard 

P. 0. Box 4087 

Austin, Texas 78773 

Re: Whether a retiring employee 

is entitled to be paid longevity or 

hazardous duty pay in addition to 

accumulated leave if he takes the 

accumulated leave in a lump sum 

Dear Mr. Adams: 

You have requested our opinion as to whether a retiring employee is 

entitled to receive longevity or hazardous duty pay when he is compensated 

for his accrued leave in a lump sum. 

Article 6813d, V.T.C.S., provides, in pertinent part: 

. . .each state employee. . . is entitled to longevity 

pay of a maximum,of $4 per month for each year of 

service as an employee of the state tp to and 

including 25 years of service. 

Article 6252-20b, V.T.C.S., states, in pertinent part: 

All commissioned law enforcement personnel of the 

Department of Public Safety.. . are entitled to 

hazardous duty pay of $5 a month for each year of 

service in the respective agency, up to and including 

30 years in service. 

You indicate that it is possible for a retiring employee of the Department of 

Public Safety to have accrued up to 336 hours vacation time for which ha is 

entitled to be paid at the time of separation from employment. H.B. 558, 

Acts 1979, 66th Leg., R.S., ch. 843, art. V, S7, at 2900-01. If the employee 

were to remain cn the payroll while drawing 336 hours vacation time, he 

would be entitled to be compensated for approximately two months of 

longevity pay or for a similar amount of hazardous duty pay if he is a 

commissioned officer. If the employee had 30 years of service, the monthly 

bonus would amount to $50. You ask whether a retiring employee who 

collects his vacation time payment in a lump sum is entitled to receive 

longevity or hazardous duty pay for a period equal to the amount of his 

accrued vacation time. 

p. 902 
Honorable James B. Adams - Page Two (Mw-282) 

Longevity pay is available to an individual only as an “employee of the state.” 

Likewise, only “commissioned law enforcement personnel of the Department of Public 

Safety” may receive hazardous duty pay. The clear implication of both statutes is that 

a person must be on the state payroll during a particular period in order to qualify for 

a payment based lpcn that period. In Attorney General Opinion H-1096 (1977), this 

office said: 

It is well established that an employee’s unused vacation time 

&es not extend his term of employment, and that payment for 

accrued annual leave ‘has no significance in determining the 

date ‘of separation from employment. Funderburk v. Metropolitan Life Insurance Co., 146 So. 2d 710, 715 (La. Ct. App. 1962); 

Wyatt v. Security Benefit Life Insurance Co., 283 P. 2d 243, 246 

7Kan. 1955). Sea Mutual Life Insurance Co. of New York v. 

Presbyterian Hospital of Dallas, 503 S.W. 2d 870, 874 (Tex. Civ. 

App. -Dallas 1973, writ rePd n.r.e.). 

An employee must be separated from state employment to be eligible for 

payment of accrued vacation time in a lump sum. At the time of such separation, he 

forfeits his eligibility for longevity and hazardous &ty pay. It is our opinion, 

therefore, that a retiring employee is not entitled to receive longevity or hazardous 

duty pay when he is compensated for his accrued leave in a lump sum. However, if ha 

were to stay on the payroll and draw his vacation time, he would be entitled to receive 

longevity or hazardous duty pay. 

SUMMARY 

A retiring employee is not entitled to receive longevity or 

hazardous &rty pay when he is compensated for his accrued 

leave in a lump sum. 

n 

MARK WHITE 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

RICHARD E. GRAY III 

Executive Assistant Attorney General 

Prepared by Rick Gilpin 

Assistant Attorney General 

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Honorable James B. Adams - Page Three (ml-282) 

APPROVED: 

OPINION COMMRTEE 

Susan L. Garrison, Acting Chairman 

Jon Bible 

Rick Gilpin 

Charles Palmer 

Bruce Youngblood 

p. 904