In Fenske v. Brook Park (Feb. 3, 1994), Cuyahoga App. No. 64525, 1994 Ohio App, the Eighth District had stated that the "'the relevant time that a person need be an employee is the time the incident in question occurred.'" Independence Fire Fighters, 121 Ohio App. 3d at 721. The Eighth District distinguished Fenske, stating that: "The assault for which Fenske sought indemnification occurred while he was on active duty. In contrast, the firefighters challenged the calculation of amounts paid to them upon retirement for accrued but unused holidays, sick leave, and vacation time. Since, upon their retirement, the employees were no longer employees, we conclude that they were not governed by the collective bargaining agreement. Accordingly, the firefighters need not have exhausted their administrative remedies before filing the instant action." Id. at 721.