December 28, 1953 

Hon. G. F. Williams Opinion NO. S-118 

Firemen' s Pension Commissioner 

Austin. ,Texas Re: Eligibility of a retired Volunteer Fireman to again participate in the Firemen's 

Pension System by securing employment as 

Dear Mr. Williams: a paid fireman. 

Your request for an opinion of this office is as 

follows: 

"We desire the opinion of your office regarding a man who has been drawing a pension 

as a volunteer fireman being hired as a paid 

man and resuming participation in the Pension 

System on a paid basis. 

"One of the smaller towns participating 

in the Firemen's Pension System has a man who 

was retired after having served more than 

twenty years and reaching the age of 55. He 

was paid the maximum volunteer's pension of 

$25.00 a month for almost two years. The City 

has now hired this man as a paid fireman. His 

pension has, of course, been stopped and he has 

started contributing into the Pension Fund on a 

percentage of his salary. 

"It is the opinion of this Department that 

once a man has reached retirement age and has 

been retired on pension, he cannot again start 

participating in the Pension Fund. It is our 

opinion that should he be employed again by the 

Fire Department, his pension should just be discontinued while he is drawing a salary. It 

seems to be the opinion of the local Pension 

Board that this man can pay into the Fund now on 

his salary and after a five-year period be retired on the basis of a paid man, his pension 

being figured on one half of his monthly salary 
. ‘: . 

Hon. G. F. Williams, page 2 (S-118) 

for the five-year period just prior to his 

second retirement. 

"Your opinion is necessary due to the 

conflicting view of this Department and the 

local Pension Board. Please advise If the 

man can start contributing again after once 

having been on pension." 

In effect you have asked for our opinion on the eligibility of a retired volunteer fireman to return and again 

participate in the Firemen's Pension System by receiving employment as a paid fireman and thus, after five additional 

years of service as such, being able to again retire but this 

time on the basis of a fully paid fireman. 

We are of the belief that the intent and purpose of 

the Legislature in creating the Firemen's Relief and Pension 

Fund (Article 6243e, Vernon's Civil Statutes) was two-fold: 

First, to reward and compensate the firemen throughout the 

State who have performed dangerous and extra hazardous duties 

protecting others' lives and property through many years of 

service; and second, to induce men to enter active Service as 

firemen and to retain their service as such. We also have the 

further consideration that the Act provides what is generally 

known and considered as a "Firemen's Pension": our oension laws 

are generally liberally construed in favor of'the p&loner. 

Board of Fi men R ie & Retirement Fund Tru tees o 

v. Marks, 2;; S ~S2de~20~5 ( 

f Houstop 

Tex.Civ.,App. 1951,Sreversed on '~ 

ther grounds 2;2'S.W.2d 181, 27 A.L.R.2d 965); 40 Am. Jur.963, 

Fensions, Sec. 4. 

With these principles in mind, we will now look to 

the wording of the applicable portions of the Act (Article 

6243e, as amended by Chapter 82, Acts of the 53rd Legislature, 

1953, page 352) which read as follows: 

"Section 6. Any person who has been duly 

appointed and enrolled and who has attained t& 

age of fiftv-five (5'5) vears. and ho has ser ed 

actively for a aeriod of twentv (2:) year& inv 

one or more regularly organized fire departments 

in any city or town in this State now within or 

that may come within the provisions of this Act, 

in any rank, whether as wholly paid, part paid 

or volunteer fireman, shall be entitled to b rqtired from such service or department and &&,& 

be entitled to be oaj& from the Firemen's Relief 
Hon. G. F. Williams, page 3 

and Retirement Fund of ..- 

(S-118) 

that city or town, 

a monthly pension equal to one half of his 

average monthly salary not to exceed a maxlmum of One Hundred Dollars ($100) per month, 

except as hereinafter provided; such average 

monthly salarv to be based on the monthly 

averaae of his salary for the five (5') year 

period D e edinn the dat f u h retirement 

provided'f&ther, that 1: &ssaterage monthlb 

salary is Fifty Dollars ($50) or less per " 

month, or if~a voluntee,r fireman with no salary, he shall be entitled to a monthly pension 

or retirement allowance of Twenty-five Dollars 

(?P5). Notwithstanding any other provision of 

this Act, it is hereby specially provided that 

any eligible and qualified fireman who shall 

have completed twenty (20) years of ser ice 

before reaching the age of fifty-five ( F 5) 

years may apply to the Board of Trustees for, 

and it shall be the Board's duty to issue, a 

certificate showing the completion of such 

service and showing and certifying that such 

fireman, when reaching the age of fifty-five 

(55) years, will be entitled to the retirement 

and other applicable benefits of this Act; 

provided further, that when anv fireman shall 

have been issued such certificate he hall 

when reachins retirement ase. be entifled 

all the aoolicable benefits of the Act. eve: 

thouph he shall not have been engaged in active service as a fireman after the I uan Q 

f u h ertificate Provided furtheis thzt 

Tn kiercto particiiate in the benefit: authorized under this Act all persons shall continue to pay into the Firemen's Relief and Retirement Fund the amounts provided for all 

participants thereunder up to the time of their 

retirement. Provided further, that any regularly organized 'full paid' fire department in 

any city or town in this State now within or 

that may come within the provisions of this 

,Act, may, upon a majority vote of said Board 

of Trustees, increase the maximum pension to 

One Hundred Fifty Dollars ($150) per month." 

(Emphasis supplied) 

Section 7 of Article 6243e, supra, after providing 

for retirement in cases of disability suffered while on active 

duty, continues as follows: 
Hon. G. F. Williams, page 4 (s-118) 

,"Section 7. e D . provided further, that 

if and when such disability shall cease, such 

retirement or disability allowance shall be 

EX&ed 

same 

discontinued and such person shall be 

to active service at not less than the 

salary he received at the time of his retirement 

for disability." (Emphasis supplied.) 

"Sec. 14. Any fireman possessing the qualifications ,and beine: eliaible for voluntarv retirement, but who shall elect to continue in the 

service of such fire department, may aoply to% 

Board of Trustees for a certificate, and if found 

to possess su,ch qualifications and be eligible 

for retirement as herein provided, the Board of 

Trustees shall issue to such fireman a certificate 

showing'hlm to be entitled to retlremerkor dlsablllty allowance. . D .' (Emphasis supplied) 

"Sec. I6.'Any retired fireman may be recalled to duty In case of great conflagration and 

shall perform such duty as the chief of the fire 

department may direct, but shall have no claim' 

against such city or town for payment for such 

duty so performed." 

In studying the pertinent sections above, we find 

that the Act nowhere disqualifies nor prohibits a"person from 

returning Into servl,ce as a fireman after he has elected 

to retire. The act Is specific in providing that the retiring 

paid fireman la entitled to receive t,he pay or pension based 

on his pay during the last five (5) years of service, If the 

vol,unteer fireman has retired, butreturns and serves another 

five (5) years In a' full pay'capacity and contributes into the 

Fund during all of that, time, he Is entitled to his pension' 

based on the pay received by him during his last five (5) 

years of service. 

It is our opinion, under the facts as given us In 

your letter, that a volunteer flreman who elected to retire, 

and drew a pension as such, may return, contribute to and 

benefit from the Fund by reason of again accepting employment as a paid fireman. 
Hon. G. F. Williams, page 5 (s-118) 

SUMMARY 

A volunteer fireman who has elected to 

retire and who has drawn a pension as a retired fireman, is eligible to return, contribute to and participate in the Firemen's Pension 

System by securing employment as a paid fireman; on subsequent retirement, his pension is 

based on the pay received by him during his last 

five (5) years of service. Sec. 6, Art. 6243e, 

V.C.S. 

Yours very truly, 

APPROVED: 

Rudy G. Rice 

State Affairs Division 

JOHN BEN SREPPERD 

Attorney General 

John Atchison 

Reviewer 

Robert S. Tro'rti 

First Assistant 

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