EL% ORNEP 

OF TEXAS 

Commissioner John H. Winters 

State 'Department of Public Welfare 

Austin, Texas 

Opinion NO. c-68 

Re: Whether Policemen or other 

Police Department employees 

are covered by Federal Old 

Dear Commissioner Winters: Age and Survivors Insurance. 

This office Is in receipt of your letter of April 9, 

1963, where you ask the following question: 

Whether "other employees" of the Police, 

Department who, under a court decision, were 

declared to have Civil Service status, and who, 

under a City Ordinance, were declared to have 

a classification aa policewomen because of their 

Civil Service status, are subject to Social Security coverage under 42 USCA, Section 418, of 

the Federal Social Security Act, pa:ticularly in 

view of thenspecific exclusions of 

8 

olicemen 

;u-~z ;irrnen contained in Section 41 (d)(s)A of 

. 

Statement of Facts 

The State Department of Public Welfare is authorized, 

under the provisions of House Bill No. 603, Chapter 500, 'page 

1480, General and Special Laws of the State of Texas, 52nd 

Legislature, Regular Session, 1951, as amended, to contract 

with the incorporated cities in Texas for the extension of 

Federal Old Age and Survivors Insurance coverage, subject to 

limitations of Section 418 of the Federal Social Security 

Act. 

Section 418 of the Federal Act provides that Old Age 

and Survivors Insurance coverage can be extended to the employees of political, subdivisions. The Act provides, further, 

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Commissioner John IL Winters, page 2 (C-68) 

that in the event coverage is extended to employees already covered by a retirement system; the eligible employees must first vote favoring OASI doverage in a referendum 

su ervised by the Governor or his representative. Se&ion 

&(d)(5)A of the Federal Social Security Act pIaces a g;u;:r 

specific exclusion relating to policemen and firemen. 

fore, policemen and firemen whose'posltlons are subject to 

coverage by a retirement system are not eligible to vote in 

the referendum, nor may Social Security coverage be extended 

to them. 

The City of Wichita Falls entered into an agreement for 

the extension of OASI coverage, effective as of January 1, 

The State-Federal agreement effectuating this agreei%?z'was signed on February 8, 1957. At that time the City 

employees, including policemen and other employees of the 

police department, were covered'by the Texas Municipal Retirement System. Although policemen were excluded from participating under the Social Security agreement, other employees 

of the Police Department, as well as employees of other city 

departments, were included for Social Security participation 

since the city did not classify them as policemen. A suit 

filed in the 30th District Court of Wichita County, styled 

Kathleen Cox v. City of Wichita Falls, 300 S.W.2d 317 (Tex.Clv. 

App. lyb'(, error ref. n.r.e.), held that certain female employees of the City Police Department were entitled to enjoy 

the status of Civil Service employees. Further, that they 

were "members" of the Police Department within the statute establishing minimum compensation for the members thereof. 

OnMarch 13, 1961, the Board of Aldermen of the City of 

Wichita Falls enacted Ordinance No. 1944 providing for the 

classification of all policemen under Civil Service. Also, 

that female employees of the City of Wichita Falls Police 

Department who have Civil Service status shall have the classifidation of Policewomen and shall be ineligible to hold any 

other classification within the Police Department. 

The Federal Social Security Administration has received 

a formal request from one of the women employees for a determination as to her correct Social Security earnings record 

with the City of Wichita Falls. 

The following statutes and ordinances are pertinent to 

the question you have asked: 

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Commissioner John H. Winters, page 3 (c-68) 

42 USCA, Section 418(d)(5)A of the Federal Social 

Security Act, in part: 

"Nothing in . . this subsection shall authorize the extension'of the insurance system 

established by this title to service in any 

policeman's or fireman's position." 

Ordinance No. 1944, City of Wichita Falls, March 

13, 1961, in part: 

"Section 2. All female employees of the 

City of Wichita Falls Police Department who have 

Civil Service status shall have the classification of Policewoman and shall be ineligible to 

hold any other classification with the Police 

Department in said city." 

Since the female employees of the Police Department of 

Wichita Falls are "policewomen" as set out underthe provisions of Section 418(d)(5)A of the Federal Act, and as they 

are already covered by a retirement system, they would be excluded from receiving benefits from Old Age Survivors Insurance coverage under Section 418 of the Federal Act. The 

purpose of this exclusion would be to prevent duplication of 

coverage from both acts. 

In the case of City of San Antonio v. Mrs. Cordie Hahn, 

274 S.W.2d 162, the Court held that switchboard operators, 

linemen, clerks, and mechanics employed by the Police Department of San Antonio were members thereof, and entitled to 

benefits of the Firemena and Policemens Civil Service Act. 

The City of Wichita Falls by Ordinance No. 1944, classified all female employees of the Police Department as "policewomen." These female employees are entitled to all benefits 

received by employees of the Police Department. Female employees of Wichita Falls Police Department have Civil Service 

status. 

Therefore, this office is of the opinion that both 

through judicial decree and by statutes :he women employees of 

the Wichita Falls Police Department are 

P 

olicewomen as described in the exclusion of Section 418(d (5)A, and are not 

entitled to Social Security coverage under Section 418 of the 

Federal Social Security Act. 

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Commissioner John H.Winters, page 

SUMMARY 

4 (C-68) 

The female employees of the Wichita Falls 

Police Department who have Civil Service 

status and are declared to have the classification of policewomen by city ordinance 

are not subject to,Social Security coverage under Section 418 of the Federal Social 

Security'Act in view of the exclusion of 

policemen in Section 418(d)(5)A of the 

same Act. 

Yours very truly, 

WAGGONER CARR 

Attorney General 

ByaLk,& 

Bill Morse, Jr. 

Assistant 

BM:wb:ms 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Jack Norwood 

Edward R. Moffett 

Nicholas A. Irsfeld 

Howard Fender 

APPROVED FOR THE ATTORNEY GENERAL 

By: Stanton Stone 

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