OFFICEOFTHEAITORNEY GENERALOFI’EXAS AUSTIN

Your rsquost for oplnl ceriral,of Texas reads as Sol1

“In the operation and Xetlrommt systcir iale 62&3e, the follow ions or .:rtn e fire debar of the spatmntbeearm a

55 gears of ap, Is ha now etlrement orwill be have t0

&M.lon 6 af ~rilcle W3e, Vernon’s Annotated Civil Statutes reads 11s Poll~s:

“Leo. 6. Ch and after tba 1st dw,of Qril, .any perwri who has been duly a.Ppointed ana wJx3has attaked the age of yaqre, a& who has served aotiQeWEonorablsE. Bayne 3attsrSlold, Coimlsoloner,

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for a perlcd OS twenty (20)years In sme regularly orfganlzed

fire department In any city Or 

## tcwn in thls State maw within or WMt atxy come wfthfn 

### the provislonaof this Aot, in any rank, whether aa wholly paid, part paid or volunteer

### r1rene.n ehall be entitled to be retired iron such sorvloo or departraont

and shall be entitled tc bc paid from the Firemen*s Relief and Retirement Fund of that oily or tan, a mcxithIy pmuslon equal to one-half 0r his averagemonthly eelary not to oxoeed a raaxlmuo of One-Hundred Dollara (+%IO)per mnth. Zuoh averagemonthly salary to be baeed on the monthly aver "p; o of hia salary for tho Site (5) 

### pear porlo4 preoe iag the date of auoh rotlreuont;provldad further, that elfhle avert@ monthly salary 1s FlSty Dollars ($50) or lees per mcnth or 1f.a volunteer flromn with ne salary,he shall bo ontltlod to a monthly penelon or retlronentsllowanoeof Twenty-flue



### Dollara (#25).- 2eotlon 21, Art&lo 62J+3o, V. A. 0. S., protidert
T-fko. P. In oomputlng the tiw or period for rotlremant for Length af aemloo as heroin **pm~ft¶od, loss**  **the5** 

### ~110 year out 01 ciervloe or emy tlw served in the amed ibreea of the 

### Elation arrriag war or Hatloaal eaergenoyshallbe osnstrued as ocntlnueusaervloo,but If out mere thaa **one** year and leas than five (5) years, ore&It shall be given for prior aorvloe,but deduotlonmade for the length **or** t&no out OS wrvloe. If out of servloe mere than rive (5) y0are no previous faervlce shallbo oounted,provldeahouover that if a fireman bs out OS servluo over fire (51 yeare thmugh no feult OS hla own and eubsequentreturns to the depactwfit,this period of tlmo shall not be oouat**ad** againsthlz in so tar as hla retirementtim Is oonoemed. 

### Arq firemanjoinlagany regularly organized fire departmentoomlngwit&In the provisions or thie hat aSter the eifoativedate hereof shall not bc entitled to benefits hereunderuutfl he sI.mlJ

hum served one year **oontinuoUe~y~*** The ocndltlensthus lmpoti, regarillng eligibility Sor retireslent

bwiefitk, require that a psrLw)n be "daly a& pointed and enrolled';he met have attained the a&o of $5 years; he mast have aenetl aotlvely for a period of 20 pWgHonorableH. Bayne Satterfleld, Commlssloner,

Page 

### 3

You state that Mr. A. "retiredfrom active servloe prior to the time his &epartmentbeoame a participating saea~- bar of the RetlrezentSyetem", and that "arterhis department became a partioipating depart&ant,

Xr. A. was voted into the department as a regular& enrolled and appointed mamber of the department". You do not state what period or tine he was out of the servloe of the partloulardepartment. Thla is material in determining

his ellglbllltyfor retirementpurposes, Under authority or Seotion 21, supra, if he Fare out or the servlae less than rive years, he should reoeive credit for retim- -ment purposes for suoh period or tlma as he rpay have prsdously served. Ir, hocoever, he were out or the eervloe for more than five years %o previous nenloe shall be oounted",unlesshe was out or the servloe throughno rault or his own, in whiah event euoh “period of tlma shall not be oountedagainsthim insorar as his retirementtti is oonoerned*.

'&en WW.~L.W returned to the aervioeof the aepartment he thereby again joined sameD Under the provlsioneof Seotfon 21, supra,he must serve 'one year eontlnuouelya arter h.it~ return to the departmentbefore he &all be ontitledto reoelvea pension.

Ii, therefore,Wr. A.” returned to the aenloe or the departrPent

within five $aars from the tima he resignedhe will be entitled to reoeiva a pensionwhen he has served one year after his return, all other requirementseri8tiag.
Youre t0ry truly ATTORNEY

IIEHERAL

OF TSXAS

EGP:mp E. 0. Pharr Asaii%tant