### THEATTORNEY GENERAL R-284
OF TEXAS

April 19, 1957

Hon. BayneSatterfield Fl~eumn’e Peasioe. Gammiasiotmr Austin, Tex*s 

### qin1sa I.0 v-154
Rs:

kar Sir: 

### Yew strt*miPt and a8foU.lawr: l&w tlpQmmarrlallr, of 

### a **dowrwd** 

### wmbsr 16widow, **wlcla mt**  **8ketid be**  paid **to tLJ,**  dopwkdont 

### ckildwr from t&t Firema’s RmrL6nFund? Poqwet f*r a8 opiaioa is



### “TtmwLdw of

### afilrrrrrimuhahadb8ou killed In tha perfemam of hla duty aa a 

### fireman,has 

### bee&graztsd benefits as provided in Seation 12, brtic3e 6243-0, V,WDO.S, ReaentLy the tridov rentfwried andthe questIan ia, What ammnt should the Board pact to tieede.sysen&ntohlldrea after her 

### rwnrrIagt31~" Sectioa 18ef &tide 6243-e-1 of V. 0. 9, provldem in part as follwm:

“If amy

### mmbelrof l &Jdepartmcmt, as 

### hernia defied, uhohas been retired on alloslaaoe beorure of lea th of service or f disability, ah8LZtiwmm tar die from 

### any cause 

### rhtwenr; w If while in mrvlae any 

### mmber &all die fmm ary oawb grov

### ingout 

### ofand/w 

### la0onoo~uowo 

### 60the performme 

### of&i# &ut J ; or &all die from anycauoe whatmevm trr LrmJ beoom 

### entitled to UI@l%ntmse or lyrrsibn @m’tlficate andshell fowu suzvitrUg a

### Wi&op, a ohld 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** 

### providedBon, Bayne Satterfield, Page 2, V-154

she shall have married such memberprior to his retirement, a sumequal 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 sumof 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 sumof Twelve ollars ($12) per month 9;” 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 inBuffloLent 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 nowidow, then the amount to be paid to the guardian of any dependent minor child OPchildren under the age of eighteen years shall be Increased to the sumof $12.00 per month for each such dependent minor child. Since, upon her remarriage, the former wife of the deceased member Is no longer awidow, 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 memberare 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, ATTGRERYGRNRRAL OFTEXAS 

# By @Ad ”w

Robert A. Hall Assistant

ATTORNJXY

GEMERAL