CHAPTER 262 - STATE POLICE PENSION BOARD

AN ACT PROVIDING FOR PENSIONS FOR RETIRED OR DISABLED STATE POLICE OR THEIR WIDOWS, MINOR CHILDREN OR SOLE DEPENDENT PARENTS, ESTABLISHING A POLICE RETIREMENT FUND, AND CREATING A STATE POLICE PENSION BOARD TO HANDLE SAID FUND AND MAKE PAYMENTS THEREFROM.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That there is hereby created a board to be known as the State Police Pension Board, which shall consist of three members, one of whom shall be appointed by the Governor, one of whom shall be appointed by the State Highway Department, and one of whom shall be appointed by the State Police. The members of the said Board shall serve during the pleasure of the said appointing authority, in each case, and until their successors are in like manner appointed, and they shall serve without compensation for their services under this Act. The said Board shall have control and management of the Police Retirement Fund provided for in this Act and of the retirement of members of the State Police, and is hereby empowered to make all necessary rules and regulations regarding the same not inconsistent with this Act.

Section 2. That the Police Retirement Fund shall be created in the following manner:

All rewards offered for any particular service, when otherwise payable to any member of the State Police, shall be paid to the State Treasurer and shall be credited by him to the account of said Fund. Also there shall be deducted each month from the monthly payroll of each member of the State Police two per centum of the amount of his salary and such amount shall be paid to the State Treasurer and shall be credited by him to the account of the said Fund. At the same time, the State Treasurer shall transfer from the funds of the State Highway Department and credit to the said Police Retirement Fund, each month, a sum equivalent to two per centum of the amount of the monthly payroll of all of the members of the State Police. If at any time there shall be insufficient money in said Fund for the purposes of this Act, the State Treasurer shall transfer from the funds of the State Highway Department sufficient money to make up any such deficiency. No money shall be paid out of the said Fund thus created, except for the purposes of this Act and on warrants of the said Board.

Section 3. That any member of the State Police who has served as such for a period of twenty years, or who has reached the age of fifty-five years, upon application of said member, together with a certificate of such service, with the approval of the said Board, shall be retired and shall thereupon receive monthly, from the said Fund, an amount equal to one-half of the monthly salary received by such member at the time of his retirement.

Section 4. That any former, present or future member of the State Highway Police or the State Police, who has heretofore received or who may hereafter receive permanent injuries in the performance of his duties, shall upon certification of a physician selected by the said Board or by said injured person, be entitled to receive a pension equal to one-half of his salary at the time said injury was received; provided, however, that no such pension shall be paid as long as such person is regularly employed as a State Police. When, however, a member of the State Police shall desire to retire by reason of injury or disease, he shall make application in writing to the said Board for such retirement. Whereupon, the said Board shall call to its assistance the aid of a physician or surgeon representing the said Board, and the member may also call to his aid a physician or surgeon. Any member of the said Board is authorized to administer oaths to such physician or surgeon or to any other person called as a witness with respect to the matter before the said Board, and the said Board shall determine by resolution passed by at least a majority of the members of the said Board, whether such member is entitled to the benefits of this Act, and if so determined, such member shall be retired upon a pension equal to three-fourths of his salary at the time of his retirement,, together with cost of medical attention, if such medical attention be made necessary by reason of such injury or disease.

Section 5. That the widow or minor children or sole dependent parent of any member of the said State Police, who shall have heretofore or shall hereafter die after having been retired under the provisions of this Act, or who shall have heretofore or shall hereafter lose his life in the performance of his duties, or when death results from injury received in the performance of his duties, shall receive a pension equal to three-fourths of the salary of such member at the time of his death. Provided, however, such pension to such widow shall be discontinued in the event that such widow shall remarry; and such pension to such minor children shall be discontinued when the youngest child shall arrive at the age of eighteen years.

Approved April 27, 1937.