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1980 Texas Attorney General Reports and Opinions 381 (1980)

handle is hein.sag/sagtx0015 and id is 1 raw text is: The Attorney General of Texas January 3, 1980 .ARK WHITE ttorney General upreme Court Building -.. Box 12548 ustin, TX. 78711 12/475-2501 11 Commerce, Suite 200 allas, TX, 75202 14/742-8944 824 Alberta Ave., Suite 160 I Paso, TX. 79905 15/533-3484 723 Main, Suite 610 uston, TX. 77002 228-0701 806 Broadway, Suite 312 ,ubbock, TX. 79401 806/747-5238 -1A3 N. Tenth, Suite F McAllen, TX. 78501 $12/682-4547 200 Main Plaza, Suite 400 San Antonio, TX 78205 ,)12/225-4191 An Equal Opportunity/ Affirmative Action Employer Honorable Hal H. Hood Firemen's Pension Commissioner 503-F Sam Houston State Office Bldg. Austin, Texas 78701 Opinion No. MW-122 Re: Whether a retired volunteer fireman may continue to serve. Dear Commissioner Hood: You have requested our opinion regarding whether a volunteer fireman who is receiving retirement pay may continue to serve as a volunteer fireman and, if so, whether he would have a claim for disability benefits against the Volunteer Fire Fighters' Relief and Retirement Fund in the event of his disability. In reading article 6243e.3, V.T.C.S., entitled Volunteer Fire Fighters' Relief and Retirement Fund, no provision can be found which expressly prohibits a retired volunteer fireman from continuing to serve as a member of a volunteer fire department. Section 4(a) of this statute states: A member fire fighter must elect between retirement or disability benefits if eligible for both. If a retired volunteer fireman continues to serve his department while receiving retirement pay and become disabled, according to the provisions of section 4(a), he must choose between these two benefits. This presumably would not cause an actuarial problem since the governing body under whose jurisdiction the fire department exists would be required to contribute the minimum $12 per month into the fund for each month of qualified service by the retired fireman, see article 6243e.3 S 2(c). This contribution should satisfy the actuarial needs of the fund should a disability occur. Section 1(1) defines Qualified service as follows: (1) 'Qualified service' means fire-fighting service rendered without monetary remuneration while a member in good standing of a fire-fighting unit that has no fewer than 10 active members, and a minimum of two drills each month, each drill two hours long, and each active member present at 60 percent of the drills and 25 percent of the fires, or fire-fighting p. 381

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