Untitled Texas Attorney General Opinion ( 1946 )

GROVER SELLERS Aun-rrx 11. TEXAS Honorable Bayne Satterfield Firemen's Penslon Commissioner Austin, Texas Dear Sir: Opinion No. O-7062 Rer Nhether the widow of a fireman who wa8 fifty-four years of age, having served twenty two years and three months in a Texas fire department, and who died on May 20, 1942, of a heart attaok, is entitled to benefits, and whether the same should be paid retro- actively from the date of the husband's death, Your letter of February 6, 1946, addressed to the Attorney General and requesting WI opinion of this department, reoites the fol- lowing faotsr "We have an instance where a fireman had served for twenty-two years and three months in a Texas fire department and on May 20, 1942 he died of an heart attack. He was fifty-four years of age at the time of his death. Asswning that his heart attack was not in oonsequenoe of the perfonaance of his duty as a fire- man and in view of the fact that he had served more than twenty years but had not reaahed the age of fifty- five and the further fact that he died prior to the enactment of the amendment to Seotion 6 of the Aot and in the light of your Opinions N-6521, #Q-6503, is his widow entitled to her benefits from the Act and should the benefits be retroactive to the date of her husband's deathl" Section 6 of Artiole 6243e. Revised Civil Statutes, in part provides; "On and after the 1st day of April, A. D. 1939, any person Nho has been duly appointed and enrolled, and who has attained the age of fifty-five (66) years and who has served aotively for a period of twenty (20) years in some regularly organized fire department in any city or town in this State now within or that may come within the provisions of this Act, in any rank, FIOP. ‘inyne Sntterfield, page 2 O-7082 whettier us wholly paid, part paid or volunteer firemen shall te entitled to be retired from such senrice or department and shall be entitled to be paid from the i'iramnn~sRelief and Retirement Yund of that city or t0P;Z, a monthly pension........" Zec. 12 of the foregoing statute, in part provides: "If any member of any department, as herein defined,. who has been retired on allowance because of length of service or disability, shall thereafter die from any cause whatsoever; . . . . or shall die from any cause whatsoever after he has beoome entitled to an allowance or pension oortifioste and shall leave surviving a widow, . . . said Eoard of; Trustees shall,order paid a monthly allowance as foilows: . * . . .1( Sec. 14 of ~theabove statute provides that any fireman pos- sensing the quali.ficationsand being eligible for voluntary retirement may appiy to the Faard of Trustees for such oertificste. 17 our TipinionNo. O-5878 addressed to you, approved March 8, 1544, it "iaspointed out that the third class of members mentioned in sec. I% above required death "after" the fireman has become entitled to or pens!,oncertifioate. Under the facts herein presented, an a:.lo;vance however, the fireman died &y 20, 1942, at the age of fifty-four yews and np-arently without making any application to the Board of Trustees for any retirement certificate. Furthermore, to be qualified under the must have reached the age of fifty-five years, in fi.remal! Act, ^.rl::'l ad&?tior to baaing served actively for a period of twenty years, to be- come entitled to be retired from such service or entitled to a certificate. '?heamendment of Sec. 6 of the Statute, considered in our ijs, O-6521 and O-6583, and to which you refer, beoame effective iOpin:~o:;:: Septenber h, 1945. and suoh amendment.does notehave a,retroaotive ef- fect ::str,deceased members who failed to possess the statutory quali- ficatior:sat the time of their death. YOU are respectfully advised that under the facts submitted your que;tj.o,n;; r,x-e answered iwthe negative. Yours very truly,