The Attorney General of Texas 

August 31, 1982 

MARK WHITE 

Attorney General 

Supreme Court Building 

P. 0. Box 12546 

Austin. TX. 76711- 2546 

5121475.2501 

Telex 9101674-1367 

Telecopier 5121475.0266 

1607 Main St., Suite 1400 

Dallas, TX. 75201.4709 

2141742-6944 

4624 Alberta Ave.. Suite 160 

El Paso, TX. 79905.2793 

9151533.3464 

1220 Dallas Ave., Suite 202 

Houston, TX. 77002-6986 

713/650-0666 

606 Broadway, Suite 312 

Lubbock, TX. 79401.3479 

6061747-5238 

4309 N. Tenth, Suite B 

McA,,en, TX. 78501.1685 

5121682.4547 

200 Main Plaza. Suite 400 

San Antonio, TX. 78205-2797 

5121225.4191 

An Equal OpportunityI 

Affirmative Action Employer 

Honorable George N. Rodriguez, Jr. 

El Paso County Attorney 

Room 201 City-County Building 

El Paso, Texas 79901 

Opinion No.~w-510 

Re: Alteration of city firemen, policemen and fire alarm 

operators pension fund 

Dear Mr. Rodriguez: 

You asked whether a city's firemen, policemen and fire alarm 

operators pension fund which operates a policemen's division and a 

firemen's division may be altered to make changes in the operation of 

the policemen's division without making changes in the firemen's 

division or vice versa. 

You state that the city of El Paso has a Firemen, Policemen and 

Fire Alarm Operators Pension Fund established pursuant to article 

6243b, V.T.C.S. This fund has a separate policemen's division and a 

firemen's division as provided in section 16 of the article. The 

number of policemen making contributions to the fund far exceeds the 

number of firemen making contributions to the fund. From time to time 

modifications have been made as provided in section 10A. All of the 

changes must sequentially comply with provisions of article 6243b, 

section lOA which provides: 

(b) None of the changes made under Subsection 

(a) of this section may be made unless all of the 

following conditions are ~sequentiallycomplied 

with: 

(1) the change must be approved by a qualified 

actuary selected by a four-fifths vote of the 

Board; the actuary, if an individual, must be a 

Fellow of the Society of Actuaries or a Fellow of 

the Conference of Actuaries in Public Practice or 

a Member of the American Academy of Actuaries; the 

findings upon which the properly selected and 

qualified actuary's approval are based are not 

subject to judicial review; 

p. 1841 
Honorable George N. Rodriguez, Jr. - Page 2 (MW-510) 

(2) the change must be approved by a majority 

of all persons then making contributions to the 

fund, voting by secret ballot at an election held 

after ten (10) days' notice given by posting at a 

prominent place in every fire station, every 

police station and substation, and in the city 

hall; 

(3) whether the fund for the police and the 

fund for the firemen and fire alarm operators z 

operated as separate funds or as one fund, all 

changes shall be uniform for both departments and 

contributing members of both departments shall 

have the right to vote; 

(4) the changes, except changes made under the 

provisions of Subdivision (l), Subsection (a), of 

this section, shall apply only to active member 

employees who are members of the departments at 

the time the change becomes effective and those 

who enter the department thereafter; and 

(5) the changes shall not deprive any person, 

without his written consent, of any right to 

receive a pension or benefits which have already 

become vested and matured. ~(Emphasis added). 

Article 6243b, section lOA(b)(3) states clearly that the 

policemen's division of a city's firemen, policemen and firefighters 

pension fund may not be changed without a uniform change in the 

firemen's division; 

It has been suggested that one division of the fund might be 

placed at a disadvantage simply because it has fewer members. The 

law, however, is clear. We note that the State Pension Review Board 

has the power and duty to conduct a continuing review of public 

retirement systems, to conduct studies of potential problems that 

threaten the actuarial soundness of or inhibit an equitable 

distribution of benefits in one or more public retirement systems, to 

provide information and technical assistance on pension planning to 

public retirement systems on request, and to recommend policies, 

practice, and legislation to public retirement systems and appropriate 

governmental entities. V.T.C.S. Title llOB, Public Retirements 

Systems, §11.202 (1981 Pamphlet). 

SUMMARY 

Neither division of the firemen, policemen, and 

fire operators fund established pursuant to 

p. 1842 
. - 

Honorable George N. Rodriguez, Jr. - Page 3 (Mw-510) 

article 6243b, V.T.C.S., may be changed without a 

uniform change in the other division. 

MARK WHITE 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

RICHARD E. GRAY III 

Executive Assistant Attorney General 

Prepared by Jean Cornelius 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Susan L. Garrison, Chairman 

Jon Bible 

Jean Cornelius 

Rick Gilpin 

Patricia Hinojosa 

Jim Moellinger 

Bruce Youngblood 

p. 1843