GROVER SELLERS Aun-rrx 11.TEXAS

Honorable Bayne Satterfield Firemen's Penslon Commissioner Austin, Texas Dear Sir: OpinionNo. O-7062 Rer Nhether the widow of a fireman who wa8 fifty-fouryears of age, having served twenty two years and threemonths 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 retroactively from the date of the husband's death,
Your letter of February 6, 1946, addressed to the Attorney General and requestingWI opinion of this department, reoites the following faotsr

"We have an instancewhere a firemanhad served for twenty-twoyears and threemonths in a Texas fire department and on May 20, 1942 he died of an heart attack. He was fifty-fouryears of age at the time of his death. Asswning that his heart attackwas not in oonsequenoeof the perfonaance of his duty as a fireman and in view of the fact that he had servedmore than twenty years but had not reaahed the age of fiftyfive 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 OpinionsN-6521, #Q-6503, is his widow entitled to her benefits from the Act and should the benefitsbe 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 personNho 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** Statenow within or that may comewithin the provisions of this Act, in any rank,FIOP

. ‘inyne Sntterfield,page 2 O-7082

whettier us wholly paid, part paid orvolunteer firemen shall te entitled to be retired from such senrice or departmentand shall be entitled to be paid from the i'iramnn~s

Relief 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 allowancebecause of length of service or disability, shall thereafterdie from any cause whatsoever;
. . . . or shall die from any causewhatsoever after he has beoome entitled to an allowance or pension oortifiosteand shall leave surviving a widow,
. . . said Eoard of;Trustees shall,orderpaid a monthly allowanceas foilows:
. *
. . .1( Sec. 14 of ~theabove statute provides that any firemanpossensing the quali.fications and being eligible for voluntary retirement may appiy to the Faardof Trustees for such oertificste.

17 our Tipinion

No.O-5878 addressed to you, approvedMarch 8, 1544, it "iaspointed out that the third class of members mentioned in sec. I% above requireddeath "after" the fireman has become entitled to an a:.lo;vance

or pens!,on

certifioate. Under the facts herein presented, however, the fireman died &y 20, 1942, at the age of fifty-fouryews and np-arentlywithout making any application to the Board of Trustees for any retirement certificate. Furthermore,to be qualifiedunder the Act, ^.rl::'l

fi.remal!

must have reached the age of fifty-fiveyears, in ad&?tior to baaing served actively for a period of twentyyears, to become entitled to be retired from such service or entitled to a certificate.

'?he amendment of Sec. 6 of the Statute, considered in our iOpin:~o:;::

ijs, O-6521 and O-6583, and towhich you refer, beoame effective Septenber h, 1945. and suoh amendment.doesnotehave a,retroaotive effect ::s

tr,deceasedmembers who failed to possess the statutoryqualificatior:s

at the time of their death. YOU are respectfullyadvised that under the facts submitted your que;tj.o,n;;

r,x-e answered iwthe negative.
Yoursvery truly,