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 retroactively 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 following 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 fireman and in view of the fact that he had served more 

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 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~s Relief and Retirement Yund of that city or 

t 0 P;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 ~the above statute provides that any fireman possensing the quali.fications and being eligible for voluntary retirement 

may appiy to the Faard of Trustees for such oertificste. 

17 our Tipinion No. O-5878 addressed to you, approved March 8, 

1544, it "ias pointed out that the third class of members mentioned in 

sec. I% above required death "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-four yews 

and np-arently without making any application to the Board of Trustees 

for any retirement certificate. Furthermore, to be qualified under the 

Act, ^.rl::'l f i.remal! must have reached the age of fifty-five years, in 

ad&?tior to baaing served actively for a period of twenty years, 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 to which you refer, beoame effective 

Septenber h, 1945. and suoh amendment.does note have a,retroaotive effect ::s tr, deceased members who failed to possess the statutory qualificatior:s at 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,