Untitled Texas Attorney General Opinion

Hon. Marie Winters Opinion No. M-124 Fireman's Pension Commissioner - Sam Houston Building Re: Can a city contribute Austin, Texas 78701 into the Pension Pund under lOA-2(e) /Article 6243e, Vernon's-Civil Statutes as amended by H.B. 465, 60th Legisla- ture7 an amount to make up The percentage set by a vote of the Firemen as salary deductions as Dear Mrs. Winters: set out in Section lOA-2(a)? You have requested the opinion of this office regarding the above question. In this connection you have provided us with the following facts: I,* . . The Firemen . . . . have voted to put six percent of their salary into the Pension Fund. This amount, of course, is matched by the City. In addition to the six percent the City is required to pay, the City . . . . has been paying a portion of the Firemen's six percent. No Fireman pays more than $20.00 per month into the Firemen's Pension Fund. The City pays the difference between $20.00 per month and six percent of each Fireman's salary , . . . II Section lOA, Article 6243e, Vernon's Civil Statutes, is quoted in part as follows: “Sec. 1OA. (a) In all cities having fully paid firemen where Firemen's Relief and Retire.- ment Funds now exist or shall be created under the provisions of this Act and having a popu- lation of less than one hundred and eighty-five thousand (i&,000) inhabitants according to the preceding Federal Census, the city or the govern- ing body of the city shall deduct an amount equal to no less than three per cent (3$) nor more than six per cent (6%) from the monthly salary or com- -566- I . L Hon. Marie Winters, page 2 (M-124) pensation of each participating member fireman. "(b) The amount of the monthly deductions which shall be contributed to the Firemen's Re- lief and Retirement Fund shall be determined by majority vote of the Fund members. "(c) Any city coming within the provisions set out in this Article shall also contribute and appropriate monthly to the Fund an amount equal to the total sum paid into the Fund by salary 'deductionsof the members. 11. . . .11 The 60th Legislature enacted House Bill No. 465, amending certain portions of Article 6243e. A new section was also added, to be known as Section lOA-2, effective August 28, 1967. The per- tinent portions of Section lOA- are quoted as follows: "'Section lOA-2. (a) In all cities having fully paid firemen where Firemen's Relief and Retirement Funds now exist or shall be created under the provisions of this Act and having a population of less than one hundred sixty-five thousand (165,000) according to the last pre- ceding Federal census, the city or the governing body of the city shall deduct an amount equal to no less than three percent (3%) nor more than nine percent (g$) from the monthly salary or compensation of each participating member f?ire- man; provided, however, that the total of the percentage contributed by such city to the Fund, plus the percentage, if any, contributed by such city under the Federal Social Security Act, shall not exceed: "'(1) nine percent (@) of the monthly salary, or, "'(2) the total percentage contributed to the retirement of other full-time employees of such city under the Texas Municipal Retirement System, or any other retirement system, whichever is greater. "l(b) The amount of the monthly deductIons which shall be contributed to the Firemen's Re- lief and Retirement Fund shall be determined by -567- Hon. Marie Winters, page 3 (~-124) majority vote of the Fund members. “‘(c) Any city coming within the provisions set out in this Article shall also contribute and appropriate monthly to the Fund an a~mount equal to the total sum paid into the Fund be salary deductions of the members subject to the limitations set out in Section 1OA (a). Under no circumstances shall the city contribute an amount greater than the total sum paid into the Fund by salary deductions of members unless au- thorized under Section lOA( II. . . .' (Emphasis supplied) You are accordingly advised that it is the opinion of this office that Subsections (b) and (c) of Sections 1OA and lOA- clearly prohibit a city which falls within the population brackets dealt with by these statutory provisions from paying any portion of the monthly amount which the firemen of the city vote to con& tribute to the Fireman's Relief and Retirement Fund. Therefore Section lOA and Section lOA-2(e) have no application to the portion of the firemen's contribution to the fund. SUMMARY ------- Subsections (b) and (c), Section lOA, Article 6243e, v. c. s., and Subsections (b) and (c), Section lOA-2> Article 6243e, V. C. S. (effective August 28, lgo7), prohibit a city which falls with- in the population brackets dealt with by these statutory provisions from paying any portion of the monthly amount which the firemen of the city vote to contribute to the Fireman's Relief and Retirement Fund. truly yours, LWC. MARTIN orney General of Texas Prepared by Malcolm L. Quick Assistant Attorney General APPROVED: OPINION COMMITTEE -568- Hon. Marie Winters, page 4 (M-12&) A. J. Carubbi, Jr., Chairman Staff Legal Assistant W. 0. Shultz, Co-Chairman Tom Thurmond Brock Jones Terry Goodman Charles Bardwell -569-