R-284
THEATTORNEY GENERAL
OF TEXAS
April 19, 1957
Hon. Bayne Satterfield
Fl~eumn’e Peasioe. Gammiasiotmr
Austin, Tex*s qin1sa I.0 v-154
Rs : l&w tlpQ mmarrlallr, of a
dowrwd wmbsr 16 widow,
wlcla mt 8ketid be
paid to tLJ, dopwkdont
ckildwr from t&t Fire-
kar Sir: ma’s RmrL6n Fund?
Yew strt*miPt and Poqwet f*r a8 opiaioa is
a8 foU.lawr:
“Ttm wLdw of a filrrrrrim uha had b8ou
killed In tha perfemam of hla duty aa
a fireman, has bee& graztsd benefits as
provided in Seat ion 12, brtic3e 6243-0,
V,WDO.S, ReaentLy the tridov rentfwried
and the quest Ian ia, What ammnt should
the Board pact to tiee de.sysen&nt ohlldrea
after her rwnrrIagt31~"
Sectioa 18 ef &tide 6243-e-1 of V. 0. 9,
provldem in part as follwm:
“If amy mmbelr of l&J departmcmt, as
hernia defied, uho has been retired on
alloslaaoe beorure of lea th of service or
disability, ah8LZ tiwmm f tar die from any
cause rhtwenr; w If while in mrvlae
any mmber &all die fmm ary oawb grov-
ing out of and/w la 0onoo~uowo 60 the
performme of &i# &ut ; or &all die from
any cauoe whatmevm J trr Lr mJ beoom
entitled to UI @l%ntmse or lyrrsibn @m’t l-
ficate and shell fowu suzvitrUg a Wi&op,
a oh ld or vhildm& wMer tlrra,age of eight -
eon tU3) =tet6 &$enxp g~;,~;;;;-
Board of
ly allowaaao as faXlo%t8$ (a) to the widow,
80~long as she muin 8 Wide mad provided
Bon, Bayne Satterfield, Page 2, V-154
she shall have married such member prior to
his retirement, a sum equal to one-third of
the average monthly salary of the deceased
at the time of his retirement on allowance
or death; (b) to the guardian of each child
the sum of Six Dollars ($6) per month until
such child reaches the age of eighteen (28)
years; (c) to the dependent parent only in
case no widow Is entitled to allowance, the
amount the widow would have received to be
paid to but one parent, and such parent to
be determined by the Board of Trustees, and
(d) in the event the widow dies after being
entitled to the allowance as herein provided,
or ------
in the event there be no widow or depend-
ent parent to receive such allowance, then
the amount to be paid to the guardian of any
dependent minor child or children under the
age of eighteen (18) ars shall be Increased
to the sum of Twelve 9;” ollars ($12) per month
for each such dependent minor child; pro-
vided however, that the total allowance to
be paid all beneficiaries or dependents as
herein provided shall not exceed the month-
ly allowance to be paid the pensioner had
he continued to live or be retired on al-
lowance at the date of his death; and fur-
ther provided, that if such amount be in-
Buff loLent to pay full schedule of benefits
as herein provided suoh benefits shall be
prorated, Allowance or benefits payable to
any minor child shall cease when such child
becomes eighteen (-18) years of age or marries.”
(Emphasis ours) O
This statute clearly states In sub-section (d)
that If there be no widow, then the amount to be paid to
the guardian of any dependent minor child OP children un-
der the age of eighteen years shall be Increased to the
sum of $12.00 per month for each such dependent minor
child. Since, upon her remarriage, the former wife of
the deceased member Is no longer a widow, the dependent
children are entitled to $12,00 per month each until
they are eighteen years of age, or married; provided
that the total allowance to be paid them shall not ex-
ceed the monthly allowance to be paid the pensioner,
had he continued to live or been retired on allowance
at the date of his death,
. -
Hon, Bayne Satterfleld, Page 39 v-154
SUMMARY
Upon the remarriage of the widow of
a deceased member of the FIremen’s Pension
Fund, the dependent children of the deceased
member are entitled to $12.00 per month, each,
until they have attained the age of eighteen
gdaps, or marry; provided the total allowance
to be paid them shall not exceed the monthly
allowance to be paid the pensioner, had he
continued to live or been retired on allow-
ance at the date of his death,
Yours very truly,
ATTGRERYGRNRRALOF TEXAS
By
@Ad”w Robert A. Hall
Assistant
ATTORNJXY
GEMERAL