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

ttorney General
upreme Court Building
-.. Box 12548
ustin, TX. 78711
11 Commerce, Suite 200
allas, TX, 75202
824 Alberta Ave., Suite 160
I Paso, TX. 79905
723 Main, Suite 610
uston, TX. 77002
806 Broadway, Suite 312
,ubbock, TX. 79401
-1A3 N. Tenth, Suite F
McAllen, TX. 78501
200 Main Plaza, Suite 400
San Antonio, TX 78205
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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