Alabama Attorney General Opinion 1979-0106

FFICE OF THE ATTORNEY GENERAL La L. HALE DEPUTY ATTORNEY GENERAL WILLIAM M. BEKURS. JR. EXECUTIVE ASSISTANT WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL JANIE NoeLes ADMINISTRATIVE ASSISTANT * ci -st CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA 19_ owe& ADMINISTRATIVE BUILDING SS NORTH UNION MONTGOMERY. ALABAMA 111I30 AREA (2011.1124-11110 MAC 27 1919 Senator H. L. Callahan Senator State of Alabama Senate Chamber Montgomery, Alabama 36130 Veterans' and Dependents' Educational Benefits - Educational Benefits for Children and Wives of Prisoners of War. Dear Senator Callahan: Your request of February 8, 1979, for an opinion has been received by the Office of the Attorney General. Your letter of request reads in pertinent part as follows: "1. With respect to section 31-6-4, does the law apply to children of former prisoners of war? "2. If the answer to number one (1) is yes, does the law apply to step- children whether formally adopted or not? "3. With respect to section 31-6-5, does the law apply to wives of former prisoners of war?" Senator H. L. Callahan ;Page Two MAR 27 is The conclusion of this office, based upon existing law and circumstances as embodied in your request, is that child- ren,stepchildren and wives of former prisoners of war qualify for benefits under the "Alabama G.I. and Dependents' Educational Benefit Act." Paragraphs numbered one and two of your request have been addressed in a former Attorney General's opinion, dated July 30, 1952, in which Assistant Attorney General Nachman opined in part as follows: "The word 'child' as used in Act No. 47, General and Local Acts of 1951, page 259, includes a minor stepchild who is a member of a veteran's household. This act allows a "child" of a veteran killed or disabled as a result of service in the Aried Forces of the United States, during the periods and under the conditions specified in Section 1 of the Act, attendance in certain State educational institutions without pay- ment of tuition or fees. Clearly, the benefits of this act are designed to com- pensate in some way for the decease or disability of the veteran, with the idea that the educational- opportunities made available under this act would have been furnished the 'child' by a disabled veteran or by a deCeased veteran if he had been living. While the financial benefits under this act are not, strictly speaking, contributions for maintenance or support of a deceased or disabled veteran's family, they are closely akin to such payments, if not to some extent in lieu of such payments. Thus, the beneficent purpose of this act required broad construction of the word 'child,' as is the case with other support and maintenance statutes." [Emphasis added] The aforementioned law, Act No. 47, General and Local Acts of 1951, page 259 is now found at Code of Alabama, 1975, §31-6t4. Paragraph number 3 of your request is also due to be answered in the affirmative. Senator H. L. Callahan 'Page Three MAR 27 1919 Code of Alabama, 1975, §31-6-5 sets out the requirements to be satisfied in order for any wife or widow to qualify for educational benefits. The pertinent provision of this section reads as follows: "Any wife or widow whose husband, during their marriage: (1) was killed or died in the line of duty or is listed as missing in action or as a pris- oner of war while serving as a member during any of the periods and circumstances specified in subdivision (1) of section 31- 6-4; . . ." In conclusion, the word "child" in the act in question includes a stepchild when that child is a minor and a member of the household of a former prisoner of war. The reference to wife or widow in the act includes a wife or widow when that person is married to a prisoner of war and so long as that person does not remarry. Yours very truly, CHARLES. A. GRADDICK ATTORNEY GENERAL By,-j LARRY E. CRAVEN ASSISTANT ATTORNEY GENERAL LEC:dpr • Stez4-c-C,