CHAPTER 168 - WILMINGTON - FIREMEN'S PENSION COMMISSION

AN ACT TO AMEND CHAPTER 118, VOLUME 33, LAWS OF DELAWARE, ENTITLED "AN ACT PROVIDING FOR A FIREMEN'S PENSION FUND FOR MEMBERS OF THE BUREAU OF FIRE OF THE DEPARTMENT OF PUBLIC SAFETY OF THE CITY OF WILMINGTON", AS AMENDED.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all the members elected to each House concurring therein):

Section 1. That Section 6 of said Chapter 118, Volume 33, Laws of Delaware, be and the same is hereby amended by striking out all of said Section and inserting in lieu thereof the following to be known as--

Section 6--Ali moneys collected in payment of fines imposed by the Directors of Public Safety upon the members of the Bureau of Fire, all moneys deducted or withheld from the pay of members of the Bureau of Fire by reason of absence from duty from any cause, all moneys donated to this fund and all rewards and testimonials paid to the members of the Bureau of Fire shall be credited to said Firemen's Pension Fund. Each member of the Bureau of Fire of the Department of Public Safety of the City of Wilmington who shall participate in the benefits of said Firemen's Pension Fund shall pay unto the Trustees of the Firemen's Pension Fund four per cent of the salary of such member.

The Council of the Mayor and Council of Wilmington shall annually appropriate and credit to the Firemen's Pension Fund such sum as may be required to meet all charges on said Firemen's Pension Fund not covered by the annual income on said Fund and the other revenues coming into said Fund.

Section 2. That said Chapter 118, Volume 33, Laws of Delaware, as amended, be and the same is hereby further amended by adding three new sections at the end thereof to be known as Section 11, Section 12, and Section 13, as follows:

Section 11. Any person who shall have any pension rights under this Act for himself, or for his possible surviving widow, or dependent parent or parents, and who shall after April 16, 1945, accept the provisions and benefits of an Act entitled "AN ACT PROVIDING FOR THE PAYMENT OF PENSIONS AND DEATH BENEFITS TO MEMBERS OF THE BUREAU OF FIRE AND BUREAU OF POLICE OF THE DEPARTMENT OF PUBLIC SAFETY OF THE CITY OF WILMINGTON," shall thereupon cease to be covered by the provisions hereof; and the rights of such person and of his possible surviving widow, or dependent parent or parents hereunder shall thereupon cease and determine.

Section 12. At such time as the annual income and other revenues of the Firemen's Pension Fund shall be more than sufficient to take care of the annual charges on the Firemen's Pension Fund, such excess shall revert to and shall be paid over to the City Treasurer of the City of Wilmington for the general use of the City. Upon the death of the last person entitled to any pension or other benefits hereunder, the entire corpus of the Firemen's Pension Fund and any income accrued thereon and any other revenues available to said Fund, shall be paid over and delivered to the Sinking Fund of the City of Wilmington, if any such Fund then exists, to be used for the purpose of paying off, redeeming or retiring any bonded indebtedness of the City of Wilmington, or if no such Sinking Fund then exists, to be paid over and delivered to the City Treasurer of the City of Wilmington to be used first to pay off, redeem or retire any such bonded indebtedness then outstanding and capable of being paid off, redeemed or retired, and then, for the general purposes of The Mayor and Council.

Section 13. No person who shall become a member or an employee of the Bureau of Fire after April 16, 1945, shall be entitled to any pension or other benefits for himself, his possible surviving widow, or dependent parent or parents under the provisions of this Act.

Approved April 16, 1945.