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 vacation pay into the 

pear Mrs. Hudson: Pension Fund. 

In your letter requesting an opinion from thls office, 

you submit certain facts which me quote as follows: 

"The Firemen's Pension Board of Corpus 

Christi, Texas, has requested that I secure 

your official ruling on a,matter involving 

Section 6 of the -Firemen's Pension Law. 

"'After 8 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 employment but 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, service will have accumulated sick leave and vacation pa 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 average monthly salary." 

:, x 

With regard.to.these facts you ask the following questlon rhich 'we quote 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 contribute a percent of sick leave and vacation pay lnto'the Pension Pund." 

Article 6243e, Vernon's civil Statutes, IS popularly 

known a8 the Firemen's Relief and Retirement Fund Act. The 

provisions of Section 6 of Article 6243e, Vernon's Civil Statutes, 

most pertinent to our discussion read 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 department and shall be 

entitled to be paid from the Firemen's Relief 

and Retirement Fund of that city or town, a 

monthly pension equal to one half (l/2) of his 

average monthly salary not to exceed a maximum 

of One Hundred Dollars ($100) per month, except 

as hereinafter provided; such average monthly 

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 provision of this Act, it is hereby 

specially provided that any eligible and quallfled fireman who shall have completed twenty 

(20) years of service before 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 certificate showing the completion of such service and showing and certifying that such fireman, when reaching the age of 

fifty-five (55) .years, will be entitled to the 

retirement and other applicable benefits of this 

Act;. . . 

It is your administrative ruling, as well as that of 

the Board of Firemen's Relief and Retirement Fund Trustees of 

Corpus Christi, Texas, that sick leave and vacation pay is not 

authorized to be included in computing a fireman's average monthly 

salary under the provisions of Section 6, Article 6243e, Vernon's 

Civil Statutes. This ruling is a valid exercise of the rule making 

powers of the Boards of Firemen's Relief and Retirement Fund 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 provisions of these respective 

sections as follows:, " 

"Sec. 3 

II .such Board,(Board of Firemen's Relief 

and Re&ement Fund Trustees) shall have the 

power and auth0rit.y to hear and determine all 

applications for,retirement, claims for disability, 

either partial or tbtal, and to designate the 

beneficiaries or persons entitled to participate 

'therein or therefrom as hereinafter directed 

and whfch said Board shall be known as the 

'Board of 'Firemen's Relief and Retirement Fund 

Trustees of , T&as.,' .' . :" 

'Sec., 19 

11 iSuch Commissioner (Firemen's Pension 

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 

facilitate and assist in the purpose for which 

such Firemen'sRelief and Retirement Fund is 

created.' 

Since sick leave and vacation pay is not included in 

computing a fireman's average monthly salary, it is our opinion 

that a fireman, who resigns , after completing twenty years of 

service before reaching the age of fifty-five, is not required, 

under the provisions of Article 6243e, to contribute a percent 

of sick leave and vacation pay into the Firemen's Relief and 

Retirement Fund. 

SUMMARY 

Under the submitted facts, a fireman is not 

required by the provisions of Article 6243e, Vernon's Civil Statutes, to contrIbute a percentage 

of sick leave and vacation pay 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-