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,