IS A "NON-PENSION" POSITION?
CLEARLY, NOT ALL EMPLOYEES OF AN ORGANIZED FIRE DEPARTMENT ARE FIREFIGHTERS AND, THEREFORE, MEMBERS OF THE SYSTEM. FOR EXAMPLE, SECRETARIES AND DISPATCHERS SHOULD PROBABLY NOT BE CONSIDERED TO BE ELIGIBLE FIREFIGHTERS WITHIN THE MEANING OF THE 11 O.S. 49-100.1(6). ACCORDINGLY, SOME POSITIONS ARE INDEED NON-PENSION POSITIONS.
THE DETERMINATION OF WHICH PARTICULAR JOBS ARE PENSION POSITIONS AND WHICH ARE NON-PENSION POSITIONS IS A QUESTION OF FACT, HOWEVER. AND SUCH FACTUAL ISSUES ARE NOT SUSCEPTIBLE TO RESOLUTION THROUGH A LEGAL OPINION. CONSEQUENTLY, ANY SPECIFIC DETERMINATIONS OF THIS TYPE LIE OUTSIDE THE COPE OF THIS CORRESPONDENCE. ACCORD A.G. OPIN. NO. 89-015
8. MAY A FIREFIGHTER BE CREDITED WITH ADDITIONAL SERVICE TIME IF THE FIREFIGHTER'S NAME DID NOT APPEAR ON THE YEARLY REPORT FILED BY THE CLERK OF THE MUNICIPALITY ND THE REQUIRED PENSION CONTRIBUTIONS WERE NOT PAID TO THE SYSTEM FOR THE YEAR(S) IN QUESTION?
PURSUANT TO 11 O.S. 49-124, THE CLERK OF EACH MUNICIPALITY THAT IS A MEMBER OF THE SYSTEM MUST FILE AN ANNUAL REPORT WITH THE BOARD. THIS REPORT IS TO CONTAIN CERTAIN SPECIFIC INFORMATION, INCLUDING THE IDENTITIES OF EACH OF THE FIREFIGHTERS EMPLOYED BY THE MUNICIPALITY. ID. 11 O.S. 49-124 MAKES NO PROVISION FOR CORRECTING MISTAKES MADE IN CONNECTION WITH PREPARATION OF THE REPORT; HOWEVER, THE BOARD CLEARLY HAS THE GENERAL SUPERINTENDENT AUTHORITY TO REVIEW AND CORRECT SUCH CLERICAL ERRORS. IN THIS REGARD, I WOULD DIRECT YOUR ATTENTION TO BOARD RULE NO. 4, WHICH PROVIDES, IN PERTINENT PART, AS FOLLOWS:
IF A QUESTION ARISES CONCERNING A FIREFIGHTER'S CORRECT AMOUNT OF SERVICE TIME, THE FIREFIGHTER MUST OBTAIN THREE AFFIDAVITS STATING HIS CORRECT SERVICE TIME AND SUBMIT TO THE STATE BOARD FOR ACTION. THE CHAIRMAN OF THE BOARD MAY DIRECT A MEMBER OF THE BOARD TO VISIT THE FIREFIGHTER AND THE CITY IN QUESTION FOR FURTHER VERIFICATION. SERVICE TIME MAY BE CORRECTED TO ALLOW NOT MORE THAN TWENTY (20) YEARS OF SERVICE.
FURTHER, THERE WOULD, OF COURSE, NEED TO BE AN APPROPRIATE ADJUSTMENT TO THE AMOUNT OF CONTRIBUTION REMITTED TO THE BOARD TO MAKE UP FOR THE PAST FAILURE TO PAY CONTRIBUTIONS.
(K. W. JOHNSTON)