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-
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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
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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
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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
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