Mrs. Marie Hudson 

Firemen's Pension 

1010 State Office 

Austin, Texas 

Dear Mrs. Hudson: 

from this 

We quote from your letter requesting an opinion 

office, in part as follows: 

October 3, 1963 

Commissioner 

Building 

Opinion No. C- 153 

Re: Construct~ion of H. B. 35, 

Section 1OA (f), Acts of 

58th Legislature, 1963. 

"Several Pension Boards have re- . . quested-your opinion on that section 

of House Bill 35 amending Section 1OA 

(f) of the Firemen's PensionLaw which 

reads in part as follows: 

"'In the event a fireman terminates, 

resigns, or leaves the active full-time 

service of the fire department for any 

reason other than those for which pension 

benefits will accrue . . . he shall receive 

an amount equal to the, sum total of his 

monthly payments made while a partlcipat- ~' 

ing member in the Firemen's Relief and 

Retirement Fund.' 

"Some of the Pension Board Secretaries 

are trying to interpret this to mean that a 

fireman is only entitled to his contributions 

paid in ,after House Bill 35 went into effect; 

August 23, 1963. It is the opinion of this 

office and of the Committee who drew up this 

particular Bill who further state that it was 

their intention for this to mean that a fireman was entitled to 'the sum total of his 

-742- 
Mrs. Marie Hudson, page 2 (C- 153 ) 

monthly payments' from the date he started 

paying into the Fund. 

"It is further our opinion, however, 

that should a fireman return to active 

duty who had previously been employed as 

a fireman and had previously paid into 

the Fund but resigned before this Section 

went Into effect and again resigns that 

he will not be entitled to receive a refund of the payments made prior to his 

resignation before the Section went Into 

effect but only to his payments made after 

he rejoined the Fire Department after 

August 23, 1963." 

A statute will be given only a prospective 

operation unless the legislative intent to give it a 

retroactive effect is clearly apparent. Slate v. Cltv of 

Fort Worth, 193 S.W. 1143 (Tex.Civ.App. 1917) and not 

then so as to affect vested rights. Hester &'Roberts v. 

Donna Irr. Dist. Hidalno County. No. 1, 239 S.W. 992 

(Tex.Civ.App. 1922, error ref.). Section 16 of Article I 

of the Texas Constitution was intended to protect every 

right, which may accrues under existing laws prior to the 

passage of any law, which, If permitted a retroactive 

effect, would take away the right. 

68 Tex. 37, 3 S.W. 249 (1887). 

Mellinaer v. Houston, 

Section 1OA (f) of House Bill 35, Acts of the 

58th Legislature, 1963, supra, became effective on 

August 23, 1963. House Bill 35 amended Section 1OA of 

Article 6243e, Vernon's Civil Statutes. Section 1OA (f) 

of House Bill 35 creates rather than takes away or 

impairs rights acquired under existing law. 

The Intention of the Legislature as to a law is 

determined primarily from the plain and ordinary Import 

~,'e2t%T~~~g&%~~ ' 

Harris Counts v. Smith, 187 S.W. 

The language of Section 1OA (f) of 

701, 

House Bill 35 Is plain and unambiguous and the intent of 

the Legislature to give the section a retroactive effect 

is clearly apparent from the language used. 

-743- 
Mrs. Marie Hudson, Page 3 (C-153 :) 

Therefore, on the basis of the authorities 

and discussion above, it is our opinion that under the 

provisions of Section 1OA (f) of House Bill 35, a fireman, 

who was a participating member in a Firemen's Relief and 

Retirement Fund on August 23, 1963, and who thereafter 

terminates, resigns or leaves the active full-time service 

of a fire department for any reason other than those for 

which pension benefits will accrue, is entitled to reimbursement of all monthly payments made by him, notwithstanding 

that payments have been made prior to August 23, 1963. However, there is no, authority for the retroactive reimbursement 

of monthly payments to firemen who were not on full-time 

service w,ith a fire department having a Relief and Retirement 

Fund on August 23, 1963, even though a fireman may have been 

an active full-time fireman prior to August23, 1963. 

SUMMARY 

Under the provislons,of Section 1OA (f) of 

House Bill 35, a fireman who was a participating member in a Firemen's Relief, and Retirement 

Fund on August 23, 1963, and thereafter terminates, resigns or leaves the active full-time 

service of a fire department for any reason 

other than those for which pension benefits 

will accrue, is entitled to reimbursement of 

all monthly payments made by him, notwithstanding 

that payments have been made prior to August 23, 

1963. 

There is no authority for the retroactive reimbursement of monthly payments to firemen who 

were not on full-time service with a fire department having a Relief and Retirement Fund on 

August 23, 1963, even though a fireman may have 

been an active full-time fireman prior to 

August 23, 1963. 
- _, 

Mrs. Marie Hudson, Page 4 (C-153 ) 

Yours very truly, 

,WAGGONER CARR 

Attorney General 

1RWjr:ms:sj Assistant 

APPROVED: 

OPINION COMMITTEE 

W. v. Geppsrt, Chairman 

Lonny Zwlener 

Joseph Trlmble 

Rogee Tyler 

Fred Ward 

APPROVED FOR THE ATTORNEY GENERAL 

By: Stanton Stone 

-745-