Judges: MARK PRYOR, Attorney General
Filed Date: 12/9/1999
Status: Precedential
Modified Date: 7/5/2016
Ms. Cathyrn E. Hinshaw Executive Director Arkansas Fire Police Pension Review Board P.O. Drawer 34164 Little Rock, AR 72203
Dear Ms. Hinshaw:
This is in response to your request for an opinion on the following question regarding A.C.A. §
If an active member of a local plan who is fully vested dies leaving no surviving spouse — leaving two children — would the children be entitled to the member's normal retirement benefit only, or would they be entitled to the retirement benefit plus the $125.00 per month per child?
RESPONSE
It is my opinion that the children will receive the monthly retirement benefit plus the monthly benefit under A.C.A. §
Thus, with regard to your specific question, I believe it is incorrect to say that the children are "entitled" to the additional benefit under §
Assistant Attorney General Elisabeth A. Walker prepared the foregoing opinion, which I hereby approve.
Sincerely,
MARK PRYOR Attorney General
MP:eaw/cyh
In addition to the monthly pension provided in subsection (a) of this section, the board of trustees may order and direct the payment of, in the case of volunteer or part-paid fire fighters, the sum of twenty-five dollars ($25.00) per month for each child under nineteen (19) years of age who has not completed high school and, in the case of full-paid fire fighters, the sum of one hundred twenty-five dollars ($125.00) per month for each child under nineteen (19) years of age who has not completed high school.
A.C.A. §
If there is no eligible spouse at the time of the member's death, then the total sums shall be paid to his children until they shall have reached nineteen (19) years of age or until the children have completed high school, whichever occurs first.