# Opinion No. > Arkansas Attorney General Reports · April 5, 1991 URL: https://www.frixlaw.com/law-library/cases/3265019 ## Case - **Full name:** Cathyrn E. Hinshaw - **Court:** Arkansas Attorney General Reports - **Decided:** April 5, 1991 - **Precedential status:** Published - **Opinion:** Opinion of the court - **Judges:** WINSTON BRYANT, Attorney General - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3265019 ## Opinion text Ms. Cathyrn E. Hinshaw Executive Director Arkansas Fire Police Pension Review Board P.O. Drawer 34164 Little Rock, AR 72203 Dear Ms. Hinshaw: This is in response to your request for an opinion on the following question: Under Arkansas Code Annotated 24-11-801 et. seq., if a member of a local fire pension plan is also an eligible beneficiary of a deceased firefighter of the same pension plan, may he or she draw both a pension benefit, upon completing the required service, and draw a benefit as a beneficiary? It is my opinion that the answer to this question is "yes." A member is clearly entitled to a retirement benefit upon completing the required service, as outlined in A.C.A. § 24-11-818 (Supp. 1989). Subsection (b) of § 24-11-818 states that "[t]he right to participate in the fund shall become a vested right. . . ." It thus seems clear that the receipt of a benefit as a beneficiary will not affect the member's right to receive a pension benefit upon retirement. Nor have we found any provision that would prevent a retirant from also receiving a benefit as a beneficiary. Such a prohibition would, in my opinion, have to appear in this body of law in order to be effective. It is well-established that pension acts must ordinarily be liberally construed in favor of those to be benefitted. See generally Looper v. Gordon, 201 Ark. 841 , 147 S.W.2d 24 (1941). It is significant to note in this regard that the definition of "beneficiary" under the Arkansas Local Police Fire Retirement System specifically excludes a "retirant." A.C.A. § 24-10-102 (21). No such exclusion appears under A.C.A. § 24-11-801 et seq. Rather, § 24-11-816 (a)(1) (Supp 1989) simply states that each fire fighter who desires that he and his beneficiaries participate in the fund shall file a statement to that effect. Section 24-11-820 (Supp. 1989) then sets forth the benefits to be paid to the spouse and/or children of a deceased member. Subsection (c) states that "[i]t is the intention of this act that all spouses and dependant children of full-paid, part-paid, and volunteer fire fighters shall receive at least the minimum benefits prescribed in this section. . . ." There is no limitation with respect to a beneficiary's status as a member or retirant. We must therefore conclude that a member may draw a pension benefit upon retirement, and also draw a benefit as a beneficiary. The foregoing opinion, which I hereby approve, was prepared by Deputy Attorney General Elisabeth A. Walker. Sincerely, WINSTON BRYANT Attorney General WB:eaw --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3265019. Public record. Not legal advice.