Untitled Texas Attorney General Opinion ( 1971 )


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  • _ ‘. ,.* . : 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-

Document Info

Docket Number: M-886

Judges: Crawford Martin

Filed Date: 7/2/1971

Precedential Status: Precedential

Modified Date: 2/18/2017