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 wJx3 has attaked the age of 

yaqre, a& who has served aotiQeW 
Eonorabls E. Bayne 3attsrSlold, Coimlsoloner, Page 2 

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 

provislona of 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 average monthly eelary not to oxoeed a raaxlmuo 

of One-Hundred Dollara (+%IO) per mnth. Zuoh 

average monthly 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 elf hle 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 retlronent sllowanoe of 

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 eaergenoy shall be osnstrued 

as ocntlnueus aervloo, but If out mere thaa one 

year and leas than five (5) years, ore&It shall be 

given for prior aorvloe, but deduotlon made for 

the length or t&no out OS wrvloe. If out of servloe mere than rive (5) y0are no previous faervlce 

shall bo oounted, provldea houover that if a fireman bs out OS servluo over fire (51 yeare thmugh 

no feult OS hla own and eubsequent returns to the 

depactwfit, this period of tlmo shall not be oouatad against hlz in so tar as hla retirement tim Is 

oonoemed. Arq fireman joinlag any regularly organized fire department oomlng wit&In the provisions or thie hat aSter the eifoative date hereof 

shall not bc entitled to benefits hereunder uutfl 

he sI.mlJ hum served one year oontinuoUe~y~* 

The ocndltlens thus 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 pWg 
Honorable H. Bayne Satterfleld, Commlssloner, Page 3 

You state that Mr. A. "retired from active servloe 

prior to the time his &epartment beoame a participating saea~- 

bar of the Retlrezent Syetem", and that "arter his 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 partloular department. Thla is material 

in determining his ellglblllty for retirement purposes, 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", unless he 

was out or the servloe through no rault or his own, in whiah 

event euoh “period of tlma shall not be oounted against him insorar as his retirement tti is oonoerned*. 

'&en WW.~L.W returned to the aervioe of the aepartment he thereby again joined sameD Under the provlsione of 

Seotfon 21, supra, he must serve 'one year eontlnuouelya arter 

h.it~ return to the department before he &all be ontitled to 

reoelve a pension. 

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

the departrPent within five $aars from the tima he resigned he 

will be entitled to reoeiva a pension when he has served one 

year after his return, all other requirements eri8tiag. 

Youre t0ry truly 

ATTORNEY IIEHERAL OF TSXAS 

EGP:mp 

E. 0. Pharr 

Asaii%tant