ORNEY GENERAL 

TEXAS 

September 22, 1958 

Mrs. Marie Hudson 

Firemen's Pension Commissioner 

702 Tribune Building 

Austin, Texas 

Opinion No. WW-501 

Re : The maximum benefit provided 

for the beneficiaries of a 

fireman who was covered at the 

time of his death by the provisions of the Firemen's Pension Law, said death not being 

caused by the performance of 

Dear Mrs. Hudson: his duties as a fireman. 

We have your request for an opinion. You desire to 

know what is the measure of the maximum benefit provided for 

the beneficiaries of a f,ireman who was covered at the time of 

his death by the provisions of The Firemen's Pension Law, said 

death not being caused by the performance of his duties as a 

fireman. 

Section 7A of Article 6243e of Vernon's Civil Statutes, provides a pension allowance for death or disability 

from cause not resulting from performance of duties and reads 

2s follows: 

Whenever a person serving as an active 

fireman duly enrolled in any regularly active 

fire department in any city or town in the 

State having a population or less than five 

hundred thousand (500,000) according to the 

last preceding Federal Census, which city or 

town is now within or may hereafter come within 

the provisions of this Act, shall die or become 

disabled from any cause other than a disability 

acquired in the performance of his duty as a 

fireman, a pension allowance shall be paid to 

the widow or fireman. The monthly pension 

allowance shall be computed as follows: rive 

per cent (5%) of the total amount the individual fireman or widow would have been entitled 

to receive under Section 7 or Section 12 had 
MIS. Marie Hudson, page 2 (WW-501) 

such death or disability occurred as the result 

of such fireman's being incapacitated or killed 

while in and/or in consequence of the performance of his duty as a fireman shall be allowed 

for each year of participation in the relief and 

retirement fund, provided that such allowance 

shall not be computed on the basis of more than 

twenty (20) years. In no event, however, shall 

such fireman or widow receive an amount less than 

Fifty Dollars ($50) per month. If such fireman 

be a volunteer fireman and thereby receiving no 

salary, the amount so ordered paid, if all of 

the other conditions have been met, shall be not 

less than Twelve Dollars and Fifty Cents ($12.50) 

per month. 

"If any such fireman who is a member of a 

'full paid' fire department shall die from any 

cause not growing out of and not in consequence 

of his duty as a fireman and shall leave surviving him a child or children under the age of 

eighteen (18) years or a dependent parent, said 

Board of Trustees shall order paid a monthly pension allowance as follows: (a) to the guardian 

of each child the sum of Twenty Dollars ($20) per 

month until such child reaches the age of eighteen (18) years; (b) in the event the widow dies 

after being entitled to her allowance as herein 

provided or in the event there be no widow to receive an allowance, then the amount to be paid 

to the guardian of any dependent minor child or 

children under the age of eighteen (18) years 

shall be Forty Dollars ($40) per month for each 

such dependent minor child; and (c) to the dependent parent only in case no widow or child is entitled to allowance, the amount the widow would 

have received to be paid to but one (1) parent 

and such parent to be determined by the Board of 

Trustees; provided however.that the total allowance to be aaid all beneficiaries or deoendents 

as herein provided shall not exceed the month& 

allowance to be caid the tensioner had he continued to live or be retired on allowance at the 

date of his death; and further provided that if 

such amount be insufficient to pay the ! ull schedule of benefits as herein provided, such benefits 

shall be prorated. Allowance or benefits payable 

to any minor child shall :ease when such child 

becomes eighteen (18) years of age or marries. 
Mrs. Marie Hudson, page 3 @J-w-501) 

"Provided, however, that the provisions 

of. this Section shall not apply if the death 

or disability of the fireman was caused while 

such fireman was gainfully employed by someone 

other than the respective fire department for 

which he was employed or contributed his services. 

"The provisions of this Section as amended 

shall be automatically applicable to any relief 

and retirement fund in which such Section was 

included by majority vote of the members prior 

to the effective date of this amending Act, provided however that the paragraph providing benefits for surviving beneficiaries of a member of 

a,, 'full paid' fire department shall only be applicable to beneficiaries of a member of a 'full 

paid' fire department. Provided further however, 

that the provisions of this Section shall not be 

applicable to any particular relief and retirement fund in which such Section was not included 

prior to the effective date of this amending Act 

until after an election has been held and the 

majority of the participating members of that 

respective fund have voted to include the provisions contained in this Section within the Relief 

and Retirement Fund. At such election the effective date of these provisions shall also be set. 

Added Acts 1953, 53rd Leg., p* 352, ch. 82, § 3, 

;s,6a;ended Acts 1957, 55th Leg., pe 617, ch. 275, 

0 (Emphasis added). 

Section 12 of Article 6243e, Vernon's~ Civil Statutes, 

governs the amount of allowances to beneficiaries of deceased 

members, and is as follows: 

"If any member of any department in any 

,city or town having a population 0r less than 

rive hundred thousand (500,000) according to the 

last .preceding Federal Census, which city or town 

is now within or may hereafter come within the 

provisions of this Act, who has been retired on 

allowance because of length of service or disability, shall thereafter die from any cause whatsoor if while in service any member shall die 

%?i'any cause growing,out 01 and/or in consequence 

of the performance of his duty; or shall die from 

any cause whatsoever after he has become entitled 

to'an allowance or pension certificate and shall 
Mrs. Marie Hudson, page 4 w+501) 

leave surviving a widow, a child or children under the age of eighteen (18) years or a dependent parent, said Board of Trustees shall order 

paid a monthly allowance as follows: (a) to the 

widow, so long as she remain a widow and provided 

she shall have married such member prior to his 

retirement, a sum equal to one-third (l/3) 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 until such child 

reaches the age of eighteen (18) years, the sum 

of Six Dollars ($6) per month for part paid or 

volunteer Departments, and the sum of Twenty Dollars ($20) per month for fully paid Departments; 

(c) in the event the widow dies after being entitled to her allowance as herein provided, or in 

the event there be no widow to receive an allowance, then the amount to be paid to the guardian 

of any dependent minor child or children under the 

age of eighteen (18) years shall be Twelve Dollars 

($12) per month for each such dependent minor child 

for part-paid or volunteer Departments, and the 

sum of Forty Dollars ($40) per month for each such 

dependent minor child for fully paid Departments; 

(d) to the dependent parent only in case no widow 

or child is entitled to allowance, the amount the 

widow would have received to be paid to but one 

(1) parent and such parent to be determined by the 

Board of Trustees; provided however, that the total 

allowance to be paid all beneficiaries or deuendents as herein orovided shall not exceed the monthlv 

allowance to be paid the pensioner had he continued 

to live or be retired on allowance at the date of 

his death; and further provided, that if such amount 

be insufficient to pay the full schedule of benefits as herein provided, such 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. As amended Acts 1955, 

54th Leg. 

wz., 

p. 461, ch. 127 g 2; Acts 1957, 55th 

p. b17, ch. 275, 3 13.11 (Emphasis added) 

From the foregoing you are advised that when a fireman dies who was covered at the time of his death by the provisions of the Firemen's Pension Law and said death was not 

caused by the performance of his duties as a fireman the total 

pension allowance which may be paid his beneficiariei cannot 

exceed the monthly allowance to be paid the pensioner had he 
Mrs. &rie Hudson, page 5 (WW-501) 

continued to live or be retired on allowance at the date of 

his death. The actual date of death is the time to be used 

in the calculation. 

When a fireman dies who at the time of his 

death was covered by the provisions of the 

Firemen's Pension Law, and the death was not 

caused by the performance of his duties as a fireman, the total pension allowance payable to his 

beneficiaries cannot exceed the monthly allowance 

had he continued to live or be retired on allowance at the date of his death;~ 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

GPB:JH 

mc:zt:wb 

APPROVED: 

OPINION COMMITTEE 

Geo. P. Blackburn, Chairman 

Raymond V. Loftin, Jr. 

Jack Price 

John Reeves 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: W. V. Geppert