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### ORNET- GENERAL OFTEXAS

AUSTIN a~.T~xas FVILL WILSON AlTOHNEnrCENERAr. May 7, 1962

Hon. Robert S. Calvert OpinionNo. WW-1329 State Comptrollerof PublicAccounts Re: Eligibilityof a forme~r Texas Capitol Station Ranger to receivepayment. of Austin, Texas pension pursuant to the prbvisions of Senate Bill 53, Acts of~~the 56th Legislature Regular Session, chapter 283, page Dear Mr. Calvert: 62Qic;,odi6fXfi i; F;non's as

, . . . You have requestedan opinion concerningthe eligibility of a former Ranger to receivepensionbenefitsunder Senate Bill 53, Acts of the 56th Legislature, Regular Session, chapter 283, page 629, codified in Vernon'sas Article 6228e,V.C.S. Your request reads as follows:

"1 am enclosingan applicationfor a Ranger pension from Harrison Lester Hamer. "Attachedto this application you will find an affidavitfrom Mr. Hamer, a letter from W. D. Cope) Adjutant General,an affidavitfrom the Archives Division of the State Library? and a certificatefrom the HonorableHomer Garrison,Director, Departmentof Public Safety.
"I wish you would examine the applicationand advise me if, in your opinion,Mr. Bamer's application for a Ranger'spension can be granted."
In order to be eligiblefor a pension a former Texas Ranger is required to have served "as a regular Texas Ranger, receiving compensation from the State, for an aggregate time of at least two (2) years prior to Septemberl,? 1947." Under the facts submittedin your request the former Ranger involvedhas furnishedan affidavit,the pertinentportions of which read as follows:
I am a formermember of the Texas having served from October 23rd to aboui January 10th 1920 and from April 1, 1932 to January 18, 1933.Hon. Robert S. Calvert,page 2 (W-1329)

"Duringmy first enlistmentwith the Force I tendered,myresignationas of December 31st. 1919, however as such,resignation was not acted on until January 8, 1920, which notification was sent me by mail by W. D. Cope, Adjutant General, I continued to work as a ranger up to the time that I received such letter. At the time said letter was sent me I was at Snyder, Texas, in active service, continuing to serve in such force. Such letterwas transmitted to me by regularmail and I anticipatethat it took at least two days for it to arrive in Snyder from Austin. Vy service in the Ranger force was in excess of two years. "1 am attachinga photo-faxcopy of said letter receivedby me acceptingmy said resignation, which is made a part of this affidavit." Accordingto the records of the Texas Departmentof Public safety the former Ranger involved in your requestwas employedby the State of Texas as a regular Texas Ranger from October 23, 1918 to December 31, 1919, ard from April 1, 1932 to January 18, 1933. Accordingto the records of the Texas State Library,Records Division, the name of the former Ranger involved in your requestdid not appear on the payrollvoucher for January, 1920. The letter of W. D. Cope, Adjutant General of the State of Texas, dated January 8, 1920, accepting the resignationof the Ranger involvedpreviouslytendered to the Adjutant General,reads as follows:

"1 have your letter of December 31st, stating you have forwardedyour resignationas a member of the State Ranger Force. "Under the conditionsas stated by you in this letter, I do not feel I would be justified in insistingon your remainingwith the Force. For that reason as of December 3 I am acceptingyour resignation

1st. "Your servicewith the Ranger Force has been perfectly satisfactoryto this department, and it is with regret that we are to lose you from the Force. However, should conditionschange and you find you can again accept work on the Force, advise this departmentand if there is an opening we will be glad to have you return.Hon. Robert S. Calvert,page 3 (WW-1329)

"With kindest personalregards and best wishes for the comingyear, I am. . . . " If the service of the Ranger involved in your request with the Ranger Force was terminatedon December 31 Ranger would have served one year and 363 days or c 1919, such of the prerequisitetime for eli wo days short the Ranger served until January 1ibility. On the other hand, if 1920, such Ranger servedwith the Ranger Force two years and si!i days. According to the record before us, the Ranger's tender of resignation was not acted upon until January 8, 1920, and the Ranger did not cease performing his duties as Ranger until he receivednotice of the acceptance of his tendered resignation,to wit, January 10, 1920.

In view of the foregoing facts, which are undisputedin the record before this office,you are advised that it is our opinion the Ranger involved served as a member of the Ranger Force in excess of two years, and is thereforeeligibleto receive the pension provided for in Senate Bill 53, Acts of the 56th Legislature, Regular Session, chapter 283, page 629, codified in Vernon's as Article 6228e, V.C.S.

Where a former Texas Ranger served from April 23, 1918 to January 8, 1920 (the date on which his resignationof December 31, 1919, was accepted) and from April 1, 1932, to January 18, 1933, he'has served for an aggregate time of at least two years prior to September1, 1947, within the meaning of Senate Bill 53, Acts of the 56th Legislature,Regular Session, chapter 28 Vernon's as Article 3 , 622 e, page 629, codified in V.C.S., and is eligible to receive the pension provided therein.
Yours very truly,
WILL WILSON Attorney General of Texas

JR:wb APPROVED: OPINIONCOMMITTEE W. V. Geppert, Chairman Dudley McCalla Jerry RobertsHon. Robert S. Calvert,page 4 (W-1329

Arthur Sandlin Norman Suarez
REVIEWEDFOR TICi

ATTORNEY GENERAL
BY: Houghton Brownlee,Jr.