The Attorney General of Texas
November 10, 1980
MARKWHITE
Attorney General
Honorable Hal H. Hood Opinion No. NW-267
Firemen’s Pension Commissioner
503-F, Sam Houston State Office Ble. Re: Firemen’s pension benefits
Austin, Texas 78701
Dear Mr. Hood:
You have requested our opinion regarding the proper method under
article 6243e, V.T.C.S., of calculating benefits to be paid to a firefighter
who is eligible for both disability and service retirement. You do not
inquire about and we do not address constitutional issues.
Section 7F of article 6243e, V.T.C.S., describes a procedure whereby
the beard of trustees of a local firemen’s relief and retirement fund:
may modify or change in any manner whatsoever any
of the benefits provided. . . and may modify or
change in any manner whatsoever any of the
eligibility requirements for such benefits.
Pursuant thereto, the trustees of the Firemen’s Relief and Retirement Fund
of the city of Beaumont adopted certain changes in the basis for determining
benefits for both service and disability retirement.
Under the rules adopted, a fireman becomes eligible for a service
retirement benefit if he is at least 55 years of age and has completed 20
years of service. A fireman qualifies for a disability retirement benefit:
if he becomes disabled from any cause whatsoever for
either physical or mental reasons before he meets the
requirements to qualify for a [service] retirement
benefit. (Emphasis added).
Thus, in order to qualify for a disability benefit, a firefighter must become
disabled prior to that date on which he has both reached the age of 55 and
has accrued 20 years of service. Eligibility for either type of benefit is
determined by which set of circumstances occurs first.
p. 850
Honorable Hal H. Hood - Page TWO (Ml’-267)
Section 9 of article 6243e provides, in pertinent part:
If any fireman or one or more beneficiaries of a fireman shall
be or become entitled to receive payments from a Fund under
the provisions of more than one section of this Act, such
fireman or beneficiaries shall be entitled to and shall be
required to elect one section under which such payments shall
be computed and paid.
Although this provision allows a firefighter who qualifies for both service and disability
benefits to elect the most favorable type of retirement, the rules adopted by the
Beaumont Board of Trustees do not permit the firefighter to qualify for both kinds of
benefit. When an individual qualifies under one retirement formula, he is thereafter
ineligible to participate in the other. As a result, the relevant portion of section 9 is
not applicable to your inquiry.
SUMMARY
Under rules adopted by the board of trustees of the
Firemen’s Relief and Retirement Fund of the city of Beaumont,
whether a firefighter receives benefits under “service” or
“disability” retirement provisions depends upon the provisions
under which he first became eligible for retirement.
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY HI
Executive Assistant Attorney General
Prepared by Rick Gllpin
Assistant Attorney General
APPROVED:
OPINION COMMD’TEE
Susan L. Garrison, Acting Chairman
Jon Bible
Rick Gilpin
Eva Loutzenhiser
Bruce Y oungblood
p. 851
Untitled Texas Attorney General Opinion
Combined Opinion