The Attorney General of Texas
December 28, 1979
MARK WHITE
Attorney General
Honorable Hal H. Hood Opinion No. NW-119
Firemen’s Pension Commissioner
503-F Sam Houston State Office Bldg. Re: Eligibility for membership in
Austin, Texas 78701 the Pension Fund of a person who
has reached his 35th birthday, but
has not reached his 36th birthday.
Dear Commissioner Hood:
You have asked our opinion in construing article 6243e, section
MA-3(i) which provides that no person is eligible for membership in the city
Fireman’s Relief and Retirement Fund if he is more than thirty-five (35)
years of age at the time he first enters service as a fireman. The question
presented is whether a person who is subject to this statute is “more than
thirty-five (35) years of age” the day after his 35th birthday or not until he
becomes thirty-six (36) years of age.
In construing this statute, we feel it significant that under article
l269m, section 9, dealing with fireman’s civil service, the requirement is
made that no person is eligible for a beginning position with a Fire
Department who has reached his thirty-sixth (36th) birthday.
While it is arguable that an individual is more than thirty-five (35)
years of age the day after his 35th birthday, the requirements of the civil
service law suggest that what the legislature intended by the phrase “more
than thirty-five (35) years of age” in article 6243e, section lOA-3(i) is age
thirty-six rather than thirty-five years and one day.
SUMMARY
For the purposes of article 6243e, section lOA-3(i), a
person is not more than thirty-five (35) years of age
until he reaches his thirty-sixth (36th) birthday.
- MARK WHITE
Attorney General of Texas
P. 374
Honorable Hal H. Hood - Page Two (Mw-119)
JOHN W. FAINTER, JR.
First Assistant Attorney General
TED L. HARTLEY
Executive Assistant Attorney General
Prepared by Eva King Loutzenhiser
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
C. Robert Heath, Chairman
David B. Brooks
Bob Gammage
Susan Garrison
Rick Gilpin
Les King
Eva King Loutzenhiser
Bruce Youngblocd
P. 375