_ ‘. ,.*
. :
THE ATTBRNEY GENERAL
OF TEXAS
June 18. 1971
Honorable Ward P. Casey Opinion No. M-886
County Attorney
Ellis County Courthouse Re: Whether under Article
Waxahachie, Texas 6252-4a, V.C.S., a city
fireman, upon returning
from military leave, is
entitled to credit for
pay purposes for that
time he served in
military service?
Dear Mr. Casey:
In your letter requesting an opinion from this office, you
submit the following facts:
"On October 16, 1967, the fireman insquestion was
employed and commenced working for the City of Waxahachie
as a fireman. He worked continually from the date of
his employment until March 22, 1968, when he entered
the Armed Forces of the United States. After serving
three years in the military service, and aftex.,being
honorably discharged therefrom, he applied and went back
to work as a fireman for the City on April 1, 1971, where
he worked continuously to this date.
"Although the City has no published rules, policies,
or ordinances covering the pay scales of firemen and
policemen, all firemen who have been employed by the
City more than one year are receiving the same salary,
with the exception of lieutenants and captains.
"The fireman in question, upon rejoining the department
anticipated he would be paid the same salary as other
firemen who had more than a year's service.
-4317-
- Y
HonorableiWard P. Casey, page 2 (M-886)
"The City was of a contrary opinion and refused to
grant him credit for pay purposes for time spent in the
military service. The City contends that Article 6252-4a,
V.C.S., provides for credit for time spent in the military
service only as to participation in retirement benefits.
"It is our contention that Article 6252-4a is designed
to broaden the coverage to municipal employees not
previously covered under Sec. 22a Article 1269m, and that
a City which has not adopted the Firemen's and Policemen's
Civil Service Act is no longer exempt from granting a
municipal employee credit for pay purposes for time epent
in the military service."
With regard to these facts, you ask the following question:
"'UnderArticle 6252-4a, Vernon's Civil Statutes,
is a city fireman, on returning from military leave,
entitled to credit for pay purposes for the time spent in
military service?"
your authority to receive an opinion under Article 4399*
is found in Section 5 of Article 625214a.
Article 6252-4a, Section 3, provides as follows:
"Sec. 3. Any person who is restored to a,position
in accordance herewith shall be considered as having been
on furlough or leave of absence during such abeence in
Federal or State military service,'~
and shall be entitled
to participation in retirement or other benefits to
which employees of the State of Texas'or any political
subdivision, state institution, county or municipality
thereof, are, or may be, entitled and shall not be dis-
charged from such position without cause within one year
after such restoration." (Emphasis added.)
In a letter from the District Attorney of Dallae.County re-
questing an opinion from this office on a similar question, it
was stated as follows:
*All references to Articles are to Vernon's Civil Statutes.
-4318-
Honorable Ward P. Casey, page 3 (M-886)
. ., :
"It is our contention that said Art. 6252-4a
is designed to broaden the coverage to other State and
Municipal employees which firemen and policemen pre-
viously had under the provisions of,Art. 1269m. ....
We also believe that as a matter of Statutory con-
struction we may look to the provisions of Sec. 3 of
Art. 6252-4a which speaks of 'participation in
retirement or other benefits' in determining the
legislative intent."
In answering this contention it was stated in Attorney
General's Opinion No. M-250 (1968) that:
"We agree with your liberal interpretation of these
statutes and your conclusions. This office, inkAttorney
General's Opinion No. C-679 (1966,),in interpreting
this type of statute, I...noted that the courts'of this
State have consistently construed statutes liberally’
in favor of patriotic service and are loath to penalize
State employees who perform such services *..l, citing
numerous past opinions of this office.' ,It isthe opinion
of this department that a city fireman, on returning from
military leave prior to the effective date of Article
6252-4a, Vernon's Civil Statutes, is entitled to credit
for pay purposes for the time spent inmilitary service.
Such a procedural and remedial statute is not only con-
strued liberally but may be applied retroactively.
53 Tex.Jur.2d 53, Statutes, Sec. 29."
On the basis of the holding in Attorney General's Opinion
M-250 (1968) and the facts submitted, it is our opinion that
under the provisions of Article 6252-4a, Section 3, a city fire-
man on returning from military leave is entitled to ctedit,for
pay purposes for the time spent in military service.
SUMMARY
Under the provisions of Article 6252-4a,
Section 3, Vernon's Civil Statutes, a city fireman
-4319-
Honorable Ward P. Casey, page 4 (M-886)
on returning from military,leave is entitled to
credit for pay purposes for the time spent in
military service.
Prepared by Ivan Williams, Jr.
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Jack Sparks
Ben Harrison
Harriet Burke
Thomas Sedberry
MEADE F. GRIFFIN
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
-4320-