April 8; 1965

Mrs. Marie Hudson Opinion No. C- 417 Firemen's Pension Commissioner 1010 Sam Houston Building Re: Whether, under the facts Austin, Texas stated, a fireman should be required to contribute a per cent of sick leave and vacationpay into the pear Mrs. Hudson: Pension Fund.

In your letter requestingan opinion from thls office, you submit certain facts which me quote as follows:

"The Firemen's PensionBoard of Corpus Christi, Texas, has requested that I secure your officialruling on a,matter involving Section 6 of the -Firemen's Pension Law. "'After8 fully paid,Fireman has 'completed twenty (20) years of Ser.vice before reaching the age of 55 years hecan leave the Fire Department for other employmentbut continue to pay into then

local Pension Fund the same percen'tage of.contribution

as ,paid

by the other Firemen on his average monthly salary for the five year period prior to his resignation.
"A Fireman resigning from the Department with twenty (20) years of, servicewill have accumulated sick leave and vacationpa p which in some cases can amount to as much as i to $4,000.00. fleither7the local Bo&d0'%: this office per-it thig sick leave and vacation pay to be included in his averagemonthly salary."

:, x With regard.to.these facts you ask the following questlon rhich 'wequote as follows:

-1968-Mrs. Marie Hudson, page 2 (C-417)

"We would like your official opinion as to whether or not a Fireman so resigning or retiring on age and service should be required to contributea percent of sick leave and vacation pay lnto'the PensionPund." Article 6243e, Vernon's civil Statutes, IS popularly known a8 the Firemen'sRelief and RetirementFund Act. The provisionsof Section 6 of Article 6243e, Vernon's Civil Statutes, most pertinent to our discussionread as follows:

"sec. 6 I, .Any person who has been duly appointed and enroiled and who has attained the age of fifty-five (55) years, and who has served actively for a period of twenty (20) years in any rank, whether as wholly paid, part-paid or volunteer fireman,

. . .

shall be entitled to be retired from such service or departmentand shall be entitled to be paid from the Firemen'sRelief and RetirementFund of that city or town, a monthly pension equal to one half (l/2) of his averagemonthly salary not to exceed a maximum of One Hundred Dollars ($100)per month, except as hereinafterprovided; such averagemonthly salary to be based on the monthly average of his salary for the five year period preceding the date of such retirement;

. . .Notwithstanding any other provisionof this Act, it is hereby speciallyprovided that any eligible and quallfled firemanwho shall have completedtwenty (20) years of servicebefore reaching the age of fifty-five (55) years may apply to the Doard of Trustees for, and it shall be the Board's duty to Issue, a certificateshowing the completion of such serviceand showing and certifying that such fireman,when reaching the age of fifty-five (55) .years, will be entitled to the retirementand other applicablebenefits of this Act;.

. . It is your administrative ruling, as well as that of the Board of Firemen'sRelief and RetirementFund Trustees of Corpus Christi,Texas, that sick leave and vacationpay is not authorizedto be included in computinga fireman'saveragemonthly salaryunder the provisionsof Section 6, Article 6243e, Vernon's Civil Statutes. This ruling is a valid exercise of the rule making powers of the Boards of Firemen'sRelief and RetirementFund Trustees and the Firemen's Pension Commissioner granted in Section 3

-1969-Mrs. Marie Hudson, page 3,(&17)~ ',

and Section lg'respectively of Article 6243e, Vernon's Civil Statutes. We quote the pert.inent provisionsof these respective sections as follows:, "

"Sec. 3 II .suchBoard,(Boardof Firemen'sRelief and Re&ement Fund Trustees) shall have the power and auth0rit.y to hear and determine all applicationsfor,retirement, claims for disability, either partial or tbtal, and to designate the beneficiariesor persons entitled to participate 'therein

or therefromas hereinafterdirected and whfch said Board shall be known as the 'Boardof 'Firemen's Relief and RetirementFund Trustees of , T&as.,' .'

. :" 'Sec., 19 11 iSuch Commissioner (Firemen'sPension Commis&ner) shall have,authority to,examine the accounts and records of the various Boards of Trustees; shall make rules and regulations not otherwise~provided herein;

. . .shall'hear, determine,and/or review all appeals herein provided and shall do any, and all things ,within his power and as,

he may deem necessary to facilitateand assist in the purpose for which such Firemen'sRelief and RetirementFund is created.' Since sick leave and vacation pay is not included in computinga fireman'saveragemonthly salary, it is our opinion that a fireman,who resigns
, after completingtwenty years of servicebefore reaching the age of fifty-five,is not required, under the provisions of Article 6243e, to contributea percent of sick leave and vacationpay into the Firemen's Relief and RetirementFund.
SUMMARY

Under the submittedfacts, a fireman is not required by the provisionsof Article 6243e, Vernon's Civil Statutes,to contrIbutea percentage of sick leave and vacationpay into the Firemen's Relief and Retirement Fund.

-1970-Mrs. Marie Hudson, page 4 (C-417)

Very truly,yours, WAQOONER CARR
>~~~j!,/

. Ivan R. Williams, Jr. Assistant 1RWjr:mkh
APPROVED: OPINION COMMITTEE
W. V. Geppert, Chairman Roy Johnson W. 0. Shultz Frank Booth Grady Chandler
APPROVED FOR TRE ATTORNEY GENERAL BY: Stanton Stone

-1971-