Texas Attorney General Opinion: C-68 Page: 2 of 4
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Commissioner John H. Winters, page 2 (C-68)
that in the event coverage is extended to employees al-
ready covered by a retirement system, the eligible employ-
ees must first vote favoring QASI coverage in a referendum
supervised by the Governor or his representative. Section
418(d)(5)A of the Federal Social security Act places a further
specific exclusion relating to policemen and firemen. There-
fore, policemen and firemen whose 'positions are subject to
coverage by a retirement system are not eligible to vote in
the referendum, nor may Social Security coverage be extended
to them.
The City of Wichita Falls entered into an agreement for
the extension of OASI coverage, effective as of January 1,
1957. The State-Federal agreement effectuating this agree-
ment was signed on February 8, 1957. At that time the City
employees, including policemen and other employees of the
police department, were covered by the Texas Municipal Retire-
ment System. Although policemen were excluded from partici-
pating under the Social Security agreement, other employees
of the Police Department, as well as employees of other city
departments, were included for Social Security participation
since the city did not classify them as policemen. A suit
filed in the 30th District Court of Wichita County, styled
Kathleen Cox v. City of Wichita Falls, 300 S.W.2d 317 (Tex.Civ.
App. 1957, error ref. n.r.e.), held that certain female em-
ployees of the City Police Department were entitled to enjoy
the status of Civil Service employees. Further, that they
were "members" of the Police Department within the statute es-
tablishing minimum compensation for the members thereof.
On March 13, 1961, the Board of Aldermen of the City of
Wichita Falls enacted Ordinance No. 1944 providing for the
classification of all policemen under Civil Service. Also,
that female employees of the City of Wichita Falls Police
Department who have Civil Service status shall have the classi-
fidation of Policewomen and shall be ineligible to hold any
other classification within the Police Department.
The Federal Social Security Administration has received
a formal request from one of the women employees for a deter-
mination as to her correct Social Security earnings record
with the City of Wichita Falls.
The following statutes and ordinances are pertinent to
the question you have asked:-332-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: C-68, text, April 26, 1963; (https://texashistory.unt.edu/ark:/67531/metapth268487/m1/2/: accessed June 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.