_ -,. 

EY GENERAL 

June 24, 1965 

Mrs. Marie Hudson Opinion No. C-460 

Firemen's Pension Commissioner 

Sam Houston State Office Bldg. Re: Whether a fireman on inAUS tin, Texas jury leave at full pay by 

the city, as prwided by 

the Civil Service Act, 

Dear Mrs. Hudson: 

should also receive a disability pension from the 

Firemen's Pension Act from 

the date of his injury or 

disability. 

In your letter requesting an opinion from this office, 

you submit certain facts which we summarize as follows* 

"We have a request from the Pension Board 

of Port Arthur, Texas, regarding a matter pertaining to Section 9 of the Firemen's Pension 

Law. 

"The Civil Service Act, Article 1269m, Section 26, V.A.T.S., specifies that a Fireman must 

be placed on injury leave up to one year at his 

full salary. For this reason the fireman in 

question would not apply for disability benefits 

under the Firemen's Pension Act. The fireman 

has passed away and his widow is claiming benefits from the date the Fireman ceased to carry 

out his regular duties as a Fireman, as provided in Section 9. . . .I' 

With regard to these facts, you ask the following 

question: 

"Whether or not a fireman on injury leave 

at full pay by the city as provided by the Civil 

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. . 

Mrs. Marie Hudson, page 2 (C-460) 

Service Act should also receive a disability pension from the Firemen's Pension Act from the date 

of his injury or disability." 

Article 1269m, Vernon's Civil Statutes, is known as 

the Firemen's and Policemen's Civil Service Act. The purpose 

of this Act is evidenced by the language of Section 16a. Section 16a is quoted in part as follows: 

"Sec. 16a. It is hereby declared that the 

purpose of the Firemen and Policemen's Civil 

Service Law is to secure to the cities affected 

thereby efficient Police and Fire Departments, 

composed of capable personnel, free from political 

influence, and with permanent tenure of employment as public servants. . . .'I 

Section 26 of Article 1269m, Vernon's Civil Statutes, 

pertains to sick and injury leaves of absence. The provisions 

of Section 26 most pertinent to our discussion, provide as 

follows: 

11 

. . . 

"Provided that all such cities coming under 

the provisions of this Act shall provide injury 

leaves of absence with full pay for periods of 

time commensurate with the nature of injuries 

received while in line of duty for at least one 

(1) year. . . .u 

Article 62430, Vernon's Civil Statutes, is known as 

the Firemen's Relief and Retirement Fund Act. Section 9 of 

Article 62430 pertains to the issuance of the certificates of 

disability and provides in part as follows: 

II . . . 

"Any fireman or beneficiary who shall be 

entitled to receive a pension allowance under 

any provision of this Act shall be entitled to 

receive such allowance from and after the date 

upon which such fireman ceases to carry out his 

-2194- 
tis. Marie Hudson, page 3 (C-460) 

regular duties as a fireman, notwithstandins the 

fact that such fireman ma!? remain on the navroll 

of his fire deoartment or receive sick leave, 

vacation or other oay after the termination of 

his recular duties as a fireman: provided that, 

in the event of a delay resulting.from the requirements of the first paragraph of this section, such fireman or beneficiary shall, when 

such allowance is approved by the Board, be paid 

the full amount of the allowance which has accrued since the termination of such fireman's 

regular duties as a fireman." (E%nphasis added). 

In Citv of Cranse v. Chance, 325 S.W.2d 839 (Tex.Civ. 

App. 19591, the court held that Section 53, Article III of the 

Texas Constitution, did not prohibit under the provisions of 

Section 26, Article 1269m, Vernon's Civil Statutes, the payment 

of money to a fireman at the termination of his employment for 

accumulated sick leave. The appellant argued that unused, accumulated sick leave payment at termination of employment would 

be a "gratuity" in violation of Section 53 of Article III of the 

Texas Constitution. However, the court reasoned that such payment must be considered a part of the employee's overall compensation. 

It is our opinion, based on Citv of Cranse v. Chance, 

sunra, #at any payment of money for injury leave under the 

provisions of Section 9, Article 1269m. should also be considered as a part of the employee's overall compensation, and 

that Section 9 is constitutional. As ,the abwe quoted paragraph of Section 9, Article 6243e, is constitutional, we must 

give effect to Its plain and unambiquous language. 

Consequently, it is our opinion that under the provisions of Section 9, Article 62430, a fireman entitled to 

receive a pension allowance under the provisions of Article 

6243e, Vernon's Civil Statutes, shall be entitled to receive 

such allowance from the date upon which fireman ceases to carry 

out his regular duties as a fireman, notwithstanding the fact 

that such fireman may be on an injury leave of absence with 

full pay provided by a city under the provisions of Section 

26, Article 1269m, Vernon's Civil Statutes. 

-2195- 
~rs. Marie Hudson, paqe 4 (C-460) 

SUMMARY 

Under the prwisions of Section 9, Article 

6243e, Vernon's Civil Statutes, a fireman entitled 

to receive a pension allowance under the provisions 

of Article 6243e. Vernon's Civil Statutes, shall 

be entitled to receive such allowance from the date 

upon which such fireman ceases to carry out his 

regular duties as a fireman, notwithstanding the 

fact that such fireman may be on an injury leave 

of absence with full pay provided by a city under 

the provisions of Section 26 of Article 1269m, 

Vernon's Civil Statutes. 

Very truly yours, 

WAGGOBERCARR 

Attorney General 

Ivan R. Williams, Jr. 

Assistant 

1RWjr:mkh:clq 

APPROVED: 

OPIEIOECCMMITTEE 

W. V. Geppert, Chairman 

Pat Bailey 

Jack Goodman 

Linward Shivers 

Wade Anderson 

APPROVEB FORTHEATTORWEYGEBBRAL 

BY: T. B. Wright 

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