THEATTORNEY GENERAL R-284 

OF TEXAS 

April 19, 1957 

Hon. Bayne Satterfield 

Fl~eumn’e Peasioe. Gammiasiotmr 

Austin, Tex*s qin1sa I.0 v-154 

Rs : 

kar Sir: 

Yew strt*miPt and 

a8 foU.lawr: 

l&w tlpQ mmarrlallr, of a 

dowrwd wmbsr 16 widow, 

wlcla mt 8ketid be 

paid to tLJ, dopwkdont 

ckildwr from t&t Firema’s RmrL6n Fund? 

Poqwet f*r a8 opiaioa is 

“Ttm wLdw of a filrrrrrim uha had b8ou 

killed In tha perfemam of hla duty aa 

a fireman, has bee& graztsd benefits as 

provided in Seat ion 12, brtic3e 6243-0, 

V,WDO.S, ReaentLy the tridov rentfwried 

and the quest Ian ia, What ammnt should 

the Board pact to tiee de.sysen&nt ohlldrea 

after her rwnrrIagt31~" 

Sectioa 18 ef &tide 6243-e-1 of V. 0. 9, 

provldem in part as follwm: 

“If amy mmbelr of l &J departmcmt, as 

hernia defied, uho has been retired on 

alloslaaoe beorure of lea th of service or 

disability, ah8LZ tiwmm f tar die from any 

cause rhtwenr; w If while in mrvlae 

any mmber &all die fmm ary oawb groving out of and/w la 0onoo~uowo 60 the 

performme of &i# &ut 

J 

; or &all die from 

any cauoe whatmevm trr Lr mJ beoom 

entitled to UI @l%ntmse or lyrrsibn @m’t lficate and shell fowu suzvitrUg a Wi&op, 

a oh ld or vhildm& wMer tlrra, age of eight - 

eon tU3) =tet6 &$enxp g~;,~;;;;- 

Board of 

ly allowaaao as faXlo%t8$ (a) to the widow, 

80~ long as she muin 8 Wide mad provided 
Bon, Bayne Satterfield, Page 2, V-154 

she shall have married such member prior to 

his retirement, a sum equal to one-third 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 

the sum of Six Dollars ($6) per month until 

such child reaches the age of eighteen (28) 

years; (c) to the dependent parent only in 

case no widow Is entitled to allowance, the 

amount the widow would have received to be 

paid to but one parent, and such parent to 

be determined by the Board of Trustees, and 

(d) in the event the widow dies after being 

entitled to the allowance as herein provided, 

or in the event there be no widow or depend- ------ 

ent parent to receive such allowance, then 

the amount to be paid to the guardian of any 

dependent minor child or children under the 

age of eighteen (18) ars shall be Increased 

to the sum of Twelve 9;ollars ” ($12) per month 

for each such dependent minor child; provided however, that the total allowance to 

be paid all beneficiaries or dependents as 

herein provided shall not exceed the monthly 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 inBuff loLent to pay full schedule of benefits 

as herein provided suoh 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.” 

(Emphasis ours) O 

This statute clearly states In sub-section (d) 

that If there be no widow, then the amount to be paid to 

the guardian of any dependent minor child OP children under the age of eighteen years shall be Increased to the 

sum of $12.00 per month for each such dependent minor 

child. Since, upon her remarriage, the former wife of 

the deceased member Is no longer a widow, the dependent 

children are entitled to $12,00 per month each until 

they are eighteen years of age, or married; provided 

that the total allowance to be paid them shall not exceed the monthly allowance to be paid the pensioner, 

had he continued to live or been retired on allowance 

at the date of his death, 
. - 

Hon, Bayne Satterfleld, Page 

SUMMARY 

39 v-154 

Upon the remarriage of the widow of 

a deceased member of the FIremen’s Pension 

Fund, the dependent children of the deceased 

member are entitled to $12.00 per month, each, 

until they have attained the age of eighteen 

gdaps, or marry; provided the total allowance 

to be paid them shall not exceed the monthly 

allowance to be paid the pensioner, had he 

continued to live or been retired on allowance at the date of his death, 

Yours very truly, 

ATTGRERY GRNRRAL OF TEXAS 

By @Ad ” w 

Robert A. Hall 

Assistant 

ATTORNJXY GEMERAL