Bourne v. Board of Trustees

59 S.W.3d 432, 347 Ark. 19, 27 Employee Benefits Cas. (BNA) 1403, 2001 Ark. LEXIS 638
CourtSupreme Court of Arkansas
DecidedNovember 15, 2001
Docket01-444
StatusPublished
Cited by17 cases

This text of 59 S.W.3d 432 (Bourne v. Board of Trustees) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bourne v. Board of Trustees, 59 S.W.3d 432, 347 Ark. 19, 27 Employee Benefits Cas. (BNA) 1403, 2001 Ark. LEXIS 638 (Ark. 2001).

Opinion

J IM HANNAH, Justice.

This is an appeal from the trial court’s dismissal of a deceased retired police officer’s surviving son’s suit for benefits under his father’s pension where his father had no spouse at the time of his death. The applicable statute at the time of the retired police officer’s death in 1997, Ark. Code Ann. § 24-11-425 (Supp. 1997), provided that a monthly pension would be paid to a qualified survivor “during the surviving spouse’s life.” This language requiring a living spouse as a condition for payment of a survivor’s pension first appeared in the statute in 1987 when the code was reenacted. No act of the Arkansas Legislature made this change. The last act amending section 24-11-425 prior to the 1987 code revision was Act 1027 of 1985. That Act, in referring to the qualified survivor, stated “during his/her life,” rather than “during the surviving spouse’s life,” which inexplicably appears in the 1987 volume. The language “during his/her life” first appeared in Act 582 of 1981 and remained in the statute until the 1987 code revision. In fact “during his/her fife” also appeared in Act 618 of 1987 which amended section 24-11-425 as it appeared in the 1987 supplement rather than the 1987 volume. Yet somehow in the 1987 Supplement we find again “during the surviving spouse’s fife.” Thus, while the statute as it appeared in the 1987 volume required a surviving spouse, no act of the legislature ever amended the section 24-11-425 to use this language. Therefore, there was a modification or change in the statute in revision in a manner not authorized by the laws or constitutions of Arkansas. Ark. Code Ann. § l-2-103(a) (Repl. 1996) provides that in such case the prior language applies. Thus, Ark. Stat. Ann. § 19-1808 (Supp. 1985) applies to this case and provides that where there is a surviving spouse, child, or children under the age of eighteen, then the Board of Trustees shall direct a monthly pension to a surviving spouse for life or to a surviving minor child to age eighteen. The applicable statute does not make payment of a monthly pension to a qualified dependent on the existence of a surviving spouse. On this basis, the trial court entered a dismissal in error, and this case is reversed and remanded.

Facts

Matthew Howell was born in 1983 while his father Ralph Howell was a member of the Little Rock Police Department. Ralph retired in 1989 and began receiving retirement benefits. On his application for benefits, he listed his son Matthew as a qualified survivor in the event of his death. Ralph and Matthew’s mother, Kathleen Bourne, were divorced. Thus, on March 24, 1997, Ralph died without a surviving spouse. After Ralph’s death, Matthew applied for and was denied death benefits under Ark. Code Ann. § 24-11-425 because there was no surviving spouse. In 1999, the statute setting out pension benefits was modified to provide benefits for surviving children in the absence of a surviving spouse. Matthew again applied, and was again denied, this time based upon Ralph’s death being in 1997 and the court finding the 1999 act was not retroactive.

Statutory Interpretation

This case requires interpretation of the Arkansas statutes. In Western Carroll Cty. Amb. Dist. v. Johnson, 345 Ark. 95, 44 S.W.3d 284 (2001), this court stated:

We review issues of statutory construction de novo, as it is for this court to decide what a statute means. Hodges v. Huckabee, 338 Ark. 454, 995 S.W.2d 341 (1999). The first rule in considering the meaning and effect of a statute is to construe it just as it reads, giving the words their ordinary and usually accepted meaning in common language. Dunklin v. Ramsay, 328 Ark. 263, 944 S.W.2d 76 (1997). When the language of a statute is plain and unambiguous, there is no need to resort to rules of statutory construction. Burcham v. City of Van Buren, 330 Ark. 451, 954 S.W.2d 266 (1997).
The basic rule of statutory construction is to give effect to the intent of the General Assembly. Ozark Gas Pipeline v. Arkansas Pub. Serv. Comm’n, 342 Ark. 591, 29 S.W.3d 730 (2000). Where the language of the statute is plain and unambiguous, we determine legislative intent from the ordinary meaning of the language used. In considering the meaning of a statute, we construe it just as it reads, giving the words their ordinary and usually accepted meaning in common language. We construe the statute so that no word is left void, superfluous, or insignificant; and meaning and effect are given to every word in the statute if possible. Id. However, we will not give statutes a literal interpretation if it leads to absurd consequences that are contrary to legislative intent. Buford Distributing, Inc. v. Starr, 341 Ark. 914, 20 S.W.3d 363 (2000).

Western Carroll Cty. Amb. Dist., 345 Ark. at 99-100.

In applying these principles to the interpretation of Ark. Code Ann. § 24-11-425, we first note that the phrase in contention provides benefits for children of deceased police officers if there is a surviving spouse, but does not if there is no surviving spouse. It would be surprising if the legislature intended to provide for children of deceased officers who had surviving spouses but did not intend to provide for an officer’s orphaned child. This might be argued to be an absurd consequence contrary to legislative intent. However, we note more significandy that we are unable to find any act of the legislature that amended the subject sentence to include this language making payment of benefits dependent upon the existence of a surviving spouse. It appears this language was added and the statute was changed in error in the reenactment of the code in 1987. On that basis, Ark. Code Ann. § 1-2-103 applies to correct the error. Cox v. City of Caddo Valley, 305 Ark. 155, 806 S.W.2d 6 (1991). We first, however, consider the legislative and statutory history of the Policeman’s Pension and Relief Fund.

The Policeman’s Pension and Relief Fund

We have before us something more than merely a retirement plan for police officers. Act 250 of 1937 established a “policeman’s pension and relief fund.” Section one of Act 250 provides a tax on property to provide a fund for pensioned and superannuated members of the police department as well as for “widows and orphans or dependent mothers of deceased members of the police department. ...” This purpose set out in the original act has been adhered to consistently throughout the years until the erroneous amendment of section 24-11-425 in the 1987 code reenactment. The statute has indeed been amended by the Legislature a number of times, but up until 1987, it always retained the same purpose, to benefit police officers through retirement, disability, and provide pension benefits for spouses and children in the event of death of the police officer.

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Bluebook (online)
59 S.W.3d 432, 347 Ark. 19, 27 Employee Benefits Cas. (BNA) 1403, 2001 Ark. LEXIS 638, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bourne-v-board-of-trustees-ark-2001.