THE ATTORNEY GENERAL 

OFTEXAS 

CEAWFORD c. MARTIN 

AUSTIN. TEXAS 78711 

*T-rORN&Y CaENERAL 

February 15, 1967 

Mrs. Marie Hudson Winters' 

Firemen's Pension Commissioner 

Opinion No. M-24 

1010 Sam Houston State Office Bldg. - Re: 

~Austln, Texas 78701 

pear Mrs. Winters: 

You have requested the opinion of 

Whether a fireman is 

entitled to participate 

In the Firemen's Relief and Retirement 

Fund under the stated 

facts. 

this office regardlng the above question, and in this connection you have submitted 

the following facts: 

'Houston has a fireman who resigned from 

the Fire Bepartment Augusti 19, 1965. He reentered the Houston Fire Department October 

12, 1966, an absence of more than one year. 

This fireman first entered the Houston Fire 

Department November 8, 1955,. At that time 

he was 31 years of age.' 

In determining the pro 

P 

er 

must first look to Section lOE(d 

answer to your question, we 

, Article 6243e, Vernon's 

Civil Statutes, which reads, In part, as follows: 

"Each person who shall hereafter become 

a fireman in any such city which has a Flremen's Relief and Retirement Fund in which he Is 

eligible for membership, shall become a member 

of such Fund as a condition of his appointment, 

and shall by acceptance of such position agree 

to make and shall make contributions required 

under this Act of members of such Fund, and 

shall participate in the benefits of membership 

in such Fund as provided In this Act; 

however, that no person shall be eligl %Fi= e o 

membership in any such Fund who is more than 

thirty (30) years of age at the time he first 

enters service as a fireman; and provided fUrtier, that any such person who enters service 

- 103 - 
Mrs. Marie Hudson Winters, page 2 (~-24) 

as a fireman may be denied or excused from 

membership in the Fund if the Board of Trustees 

of the Fund d.etermlnes that such person is not 

of sound health. . . ." (Emphasis added.) 

1965. 

The above'Sectlon was enacted in 1963, and amended in 

At the time of the subject fireman's initial entry Into 

service, there was no age limitation for participation in the 

Firemen's Relief and Retirement Fund. In 1963 the fireman In 

question was a fu1l.y participating member of the Firemen's 

Relief and Retirement Fund. The statute, by Its terms, did 

not, and does not, apply retroactively, but is directed at 

persons who first entered service after the effective date of 

the act. Wendte frame fact situation submitted by you that 

the fireman in question has had an Interruption in his service 

of something over one year. Thus, his re-entry into the service 

doesnot constitute a first entry into service. The words of 

the statute are clear, and there Is nothing to Indicate a contrary construction. You are therefore advised that it is the 

opinion of thls'office that the said fireman la fully entitled 

to participate in the Firemen's Relief and Retirement Fund as a 

regular member of his city's Fire Department. 

SUMMARY 

Under the submitted facts, Article 6243e, Section lOE(d), V.C.S. does not bar the fireman In 

question from participation in the Firemen's 

Relief and Retirement Fund of his city's Fire 

Department. 

truly yours, 

y General of Texas 

Prepared by Malcolm L. &ulck 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Hawthorne Phillips, Chairman 

W. V. Ceppert, Co-Chairman 

John Reeves 

Z. T. Fortescue 

Alan Minter 

Dyer Moore 

STAFF LECAL ASSISTANT 

A. J. Carubbi, Jr. - 104 -