OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

lIonarable R. Byrne Brttsyfleld, Ccraaissioner, \ 

Cir6mtm'm Pension Cemmisbion 

Au8tin, Tarsa 

Dear 

ment 

Blr. 8atterTielUt Opinidn 80* O-7444 

Ret Clsrifio8tion of A. 0. Opiniw 

Ilo. O-81183 and othsra 

an opinion on 

tamnt should be killed 

moo ot tho portormance b 

emant or if he should die 

es not In aensequence 0P 

fr duty aa a tireman; may 

paymontr on the date he roulc: hare 

reaohed the bgs of fifty-firs years? 

l 2. If a flromnn sbo has retired after having 

soyred 20 yearo on a iire department but before he had reaohed the ago of' 55 years 

should be killed or die from any oau8e not 

in eonsequen6e of his duty aa a rirement 
Bonorbble Ho llyrue satterfield - page 8 

dtoald his Board be&in paying his depaadats 

their benefits promptly after hia death or 

would It be oompelled to withhold payntmt o? 

suoh benefits until the fireman rould have 

reacPbed,,the age ,of 66 jeara? 

s, 

“In giving your opinion on the above -- Opinion 

O-8831 -- you say as fo1100sr 

*'We call partiaular attention to the l fatement 

ia tbe above rtatuts whlob reads 'or abrll die fror 

any aauae whatsoever 8iter ho baa beoome entitled to 

a r l t lloranoe or pemeion a er tiflthfe l inoe n th8t phrase 

will perhaps, bed TO think does, oontrol the proper 

disposition and ansuer to Joar questions. 

wtUnder the prorisfonn of the quoted statutes 

above when a fireman haa mened 80 yettrtt, regardless 

of his then agel he *may apply to the Board of Trnr 

tees for, and it shalY he the Boerd’s duty to issue, 

a oertifioate shoring the completion O? such se~rvl0e.s 

#'Reading the quoted sentenoe from Beation 13 

and the Yast-quoted section from the amended seation 

6 as we eon tttrue same a fireman who has served trmty 

years is then entitled to and the Board must glre him 

a pension Oertifloate. 

l t6eotlm 12 provider that if a fiream dies iron 

any oause after he has beooae entitled to his penaicn 

oertifioate him widow is entitled to payments as protided in said aeotlon. 

atIt is omr opinion, therefore, that regardless 

of rhetber the firernan is aotlre or retired at tho 

time of his death If he has served 8atirelj for the 

80 year period he is entitled to his pension certifloate and if ho thereafter dies his sldou and children, 

It any, are entitled to receive Oompeneation rrom the 

date of his death in the respective mcna as prorlded 

isr in maid Aot. t 

*Then on May 11, 1945 we asked Por the Sollosing 

opinion: 

“If a fireman resigned iron his tire departmmt 

On April 18th, lQ44, roufd he be entitled to a 80 
lbnar8bls ii. Byrne SItterfield - page 3 

year omM?ioak as protided ht the 8mendmemt wbioh 

was e??eotfte on LIaroh S3rQl 1946’. (row 4ortoetod 

th a l ffeotirs date ia roar opinion). 

.Ia giving your oplnion - Opinl NOQ8W3 - 

you mled as ?d.lou~r % . 

"lfe think it plain ?roa tbs npseitio tamgttage 

of the newly rdded mbtter to Seotion 6 that the Legislature intended that 8117 l llglble and qualified iireman, who shall hare ampleted ttteaty ymrs o? mrrioe 

befare reaching the age ot flity-flro yearat would be 

mttitl8d to tlte eeetiiieate a?mdng amoh nwleer 

whether meh esmpletlm is befew or biter ths eiieotIre dmte of Senate Dill 89, prerided it 1s cm or after the first dby o? April A* D. 1939~’ 

l Thsn on Wdmtary 6, 194b IO mubnltted this quastiont 

s ‘We hbre an lnstanee whore a firssmn bad servsd 

for 24 ye8rs and three umths in a Tssss fire departareat and on Alar e0, 1918 ho dies e? a he8rt aftaak. 

Be was fifty-four years of r&e rt the time o? his 

death. Asswming that his beart 8ttaok ttan not in 

conBequenee of the p#rfOt5anOe Of bls duty as a ?%I%- 

man and In view of t?m ?aOt that he had serted more 

than 20 years bat had not rerohsd the ags a? 66 years 

bnd the fsrthsr frot that b@ died prior to the em&fmttmt o? the amendmeat to seation (I of the Aat and in 

the llgbt ot your opinions O-M%81 and O-kM8~, ‘1s hfs 

ridor entitled to her beaefits from the Aot and 

should the benefits be tetruautfre to the Urts of 

her hash8nd's deathtt 

,In your Opinion O-T&@ you ruled es ?ollo~sr 

"In OUT Opinion Nor O-8878 sd&esssd to fowt approved Waroh 8, 1944, it was pointed out that the 

third olass o? meahars lsbntioned in seotion 18 l b o ?e 

re?erreU to to required death *aStar’ the ?ireman bau 

beoome antitled to an allormoe or psnsion eerti?laate. 

Under ,the iaote berefn presented, hore?er# the fireman 

died Ma7 20, 1@42, at the ags of 84 yerrs and apparently without laaklng nny appllOatim to the Board of Trustees for any retirement osrtifieats- B’twthermore, to 

bs qualified under the Aot , suoh a fi~paan met have 
lIqnor8ble MO Byme 88tteriield - page 4 

puo&o& the 868 of 86 Je8C8$ in rdditfon to baring 

mewed l o tir eior ly 8 period of 90 JUMPS, to besome 

entitled to bs retired horn l uoh sorvioe or ontitled to 8 6brtlifOato.’ 

+b. 8md&mmt of seatim 6 of t%e stmtwte, 

eonaidqrod in our Opiahn8 Hoe. O-6531 8nd O-8883, 

l d to rbiab you rr?erl bwwme e??OOfiTe Soptombor 

4, 1946, 8nd suab maendment doss not bate 8 ratrogotire otteat 80 to dsse8eeA nmsbers who iailod 

ta posaera the rtatutery qu8litiO8tdoam 8t the tine 

of tbelr de8tb. ’ 

l 'You SPO respeotiully advised that under the 

t8atr mbmitfsd your qussfbur 8~0 ms*ered in the 

segatirb. ’ 

"One point th8t bmtrrbos us ia th8f in ynr Opinion No. O-6883 you 8pp8rently mle that *MEL olQlble 

8nd qn8litled ilrem8nt rho shall b8re aarploted 20 

ye8ri of serrico botore reaohing th0 8ge o? 68 yomrs, 

would be antitlod to tbo oorfiflaate abowlnr mob aerviao, wbother snob oomplotlon is %o?ore OP S&r the 

gffesfire date of Sen8te Bill $9, brorided it is ol, 

pr tter the 1st. d Y of April 1939' %bea In your 

O&an lo. O-7088 km bold that Iani suoh mendment 

dbem not bare 8 ret~oratire o??eot 8s to deoecrmid 

mombera rho tailed to posroms the 8tatutorJ qualltl08tions 8t the time O? their deatb'. 

l Vo b8ro tried to interpret JOUP Opinion lo. 

O-7082 as ruling tbrt the amendment would be 8ntl 1s 

rbtro8etiro lnbot8r 80 firemen rho wore partlslpatin6 ia the systea ou and after the e??bOtiTb dtBt0 of 

tbo amendmeat - Senats Bill 89 a? tbo Rogu18r se8sIon of l@lb, -,but I# not rotroaotiro lnsotbr 88 

those firemen *ho died or left the tlro department 

prior to the stteotite date of sell8to Bill 89 8s 

montianod above. But When Wt) 60 brok to your Opinion Ilo. O-6888 which apparently Puloa that a tiroeran 

who loft tbe tire doprrtment prior to tbo eiteotir. 

date o? senate Ii*11 89 9 entitled ta tbo oortitiO8te, 

then we booame oon?used* Ve fail to see any ditteron00 ln8eirr 8s the ratro8otirenoss is oonaernou between a firom8n who died prior to the etteotlre data 

of the amendment and on0 who left the fir0 depertmeut betoro the etieotlvs date of the 8wndmout, provided ot oourme that it applies to the fireman who 

left the tire department and has not re-entered the 

tire sowieo.m 
‘F=;

. ., ’ Il.32 

Bmorable It. Byrne EPttePtis~d - page fi 

IOU oOrro0tly quote Our ruling in Opinion Ho. O-bM3, 

wbioh for oonrsnienoo we ropredaoe here, 8s tollow~t 

.‘*e think it pl8in from the 8peOitiO lS?lgumgo of the nqwly added m8tter to Re 

that tho Logisl&tu~o intended that any sliglblo 

opn 6 

and qualified fireman, wbo Sb811 bmwo smplstod 

twenty years of rsnioe bstoro rsaohin6 tbe age 

of fifty-fiwo ~OPPS~ would b.e ontltlsd to tho 

osrtitiomfs Showing SUO~ Sopvise, whether suoh 

SempletiOn i8 before or Sfts? tbs e?fsOtiTs date 

et SonSto Bill 89, provided it is On OP Site? 

tbs 1st day of April, A. Do 1999+* 

There is no sentlist botwsen tbmt bolding md Opinion 

NO* 0-7088, S8yilIgl 

'The SmCUdIMYUt Of SsOi 6 ~nf tho stStUt9 OonSidered in our Opinions HOSO 0-6531 and O-01)83, 

and to whiob you refer, booune ef?oOtirs September 6, 1846, and such 8mOndmsnt doss not bate 8 

retro8otits etieot 8s to daoeassd memboP# who 

tailed t0 pOsS+sS the StStUtOpy qUS~i?iOSti~S 

at the tiPjo of their death.” 

As we UndepStSnd JOUP IOtter, your Om?USiOn in probsbly brought Sbeut by the use o? the phrase l etteotire date* of 

the Act., and we can readily understand JOUP positions AS ws 

pointed out to you in Opinion Nob 04883, the body of 8. B. go. 

89 oarried the emergsnoy clause to bsoome efieotire on Its paaMOB, tbe rote bowsrsr wmS insu??iOisnt to make it stteotiVs 

fPOm its pass8go. so that it beSame le@lj, Ot'fsOtiwO nfnety 

days after the adjournment of tbo LegiSlature. That means the 

Bill and Aot beouao operative -- in toroe aS law -- ninety dajm 

*?tOP SdjeUPlllIIC'llt. But whsn It did fbur booome effeotlto, the 

Aet beoame ottootirs ior all puPpOsss SOOOPding to its pPOVision*, ms of Which was #On and after thb 1st day of April, AeD. 

1038, Buy psrsotPr oto. This Aot was not rstrosotirs in the leiT81, OonStitutionml SsnSe, and spoke 8s 18W Only tram and after 

its e??sotlro date ninety days miter adjoupnmsnt. But when it 

did spomk It oleerly shows that iatter the 18t dry of April, 

A. D. 1839, firemm who bsd at that time or thereafter might 

hate twenty year.' Sspvios, PS therein stated, are entitled to 

Septain rights. The irot that the twenty years serrioe would 

date baok beyond the et’feotire d8te of the Bill is of no imPoptanoe in the oonsldsrrtlon. It 1~ permissible for a Yaw to 

OQntain that feature. Thus, a law may, under the Constitution, 

haas a proviSion upon a Status or duration, reeohing into the 
flOnOFSbl6 8. Byrne Ratterfiofd - pegs 6 

p88t SW7 number Of YSSPS. 

It is t?UO th8t OUP OpiniCWt NO* d-70@ dsO~8Pss 

thnt: 

*Snob amsnhaent doe6 not bare 8 A POSOtiTO 

e??SSt 88 to dsoeessd UIOmbePS m ?Siled &j :' 

PQs8.a~ t& $tStUtOq m~i?iOStiOU# St tbo 

m g their &e&&e Empha Si a snpplsd-;- 

that .t8i~6Ut %a 8OCUP8t6. It merely m68?1s tblb 8 tiremnn whe died prior to the etiestirb date of tbb 1946 list deem not 

‘eeme rithia tbe prorl~ime of said Aot I 8IthOnk;h during him li?s 

time be h8d sewed mere than tWOnt7 ycnra 80 8 ?iPem8la~ 

VSP~ tru17 yours 

COMMllTCL