The Attorney General of Texas 

November 10, 1980 

MARK WHITE 

Attorney General 

Honorable Hal H. Hood 

Firemen’s Pension Commissioner 

Opinion No. NW-267 

503-F, Sam Houston State Office Ble. 

Austin, Texas 78701 

Re: Firemen’s pension benefits 

Dear Mr. Hood: 

You have requested our opinion regarding the proper method under 

article 6243e, V.T.C.S., of calculating benefits to be paid to a firefighter 

who is eligible for both disability and service retirement. You do not 

inquire about and we do not address constitutional issues. 

Section 7F of article 6243e, V.T.C.S., describes a procedure whereby 

the beard of trustees of a local firemen’s relief and retirement fund: 

may modify or change in any manner whatsoever any 

of the benefits provided. . . and may modify or 

change in any manner whatsoever any of the 

eligibility requirements for such benefits. 

Pursuant thereto, the trustees of the Firemen’s Relief and Retirement Fund 

of the city of Beaumont adopted certain changes in the basis for determining 

benefits for both service and disability retirement. 

Under the rules adopted, a fireman becomes eligible for a service 

retirement benefit if he is at least 55 years of age and has completed 20 

years of service. A fireman qualifies for a disability retirement benefit: 

if he becomes disabled from any cause whatsoever for 

either physical or mental reasons before he meets the 

requirements to qualify for a [service] retirement 

benefit. (Emphasis added). 

Thus, in order to qualify for a disability benefit, a firefighter must become 

disabled prior to that date on which he has both reached the age of 55 and 

has accrued 20 years of service. Eligibility for either type of benefit is 

determined by which set of circumstances occurs first. 

p. 850 
Honorable Hal H. Hood - Page TWO (Ml’-267) 

Section 9 of article 6243e provides, in pertinent part: 

If any fireman or one or more beneficiaries of a fireman shall 

be or become entitled to receive payments from a Fund under 

the provisions of more than one section of this Act, such 

fireman or beneficiaries shall be entitled to and shall be 

required to elect one section under which such payments shall 

be computed and paid. 

Although this provision allows a firefighter who qualifies for both service and disability 

benefits to elect the most favorable type of retirement, the rules adopted by the 

Beaumont Board of Trustees do not permit the firefighter to qualify for both kinds of 

benefit. When an individual qualifies under one retirement formula, he is thereafter 

ineligible to participate in the other. As a result, the relevant portion of section 9 is 

not applicable to your inquiry. 

SUMMARY 

Under rules adopted by the board of trustees of the 

Firemen’s Relief and Retirement Fund of the city of Beaumont, 

whether a firefighter receives benefits under “service” or 

“disability” retirement provisions depends upon the provisions 

under which he first became eligible for retirement. 

MARK WHITE 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

RICHARD E. GRAY HI 

Executive Assistant Attorney General 

Prepared by Rick Gllpin 

Assistant Attorney General 

APPROVED: 

OPINION COMMD’TEE 

Susan L. Garrison, Acting Chairman 

Jon Bible 

Rick Gilpin 

Eva Loutzenhiser 

Bruce Y oungblood 

p. 851