CHAPTER 169 - WILMINGTON - POLICE PENSION FUND

AN ACT TO AMEND CHAPTER 113, VOLUME 32, LAWS OF DELAWARE, ENTITLED "AN ACT PROVIDING FOR A POLICE PENSION FUND FOR MEMBERS OF THE POLICE FORCE 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 113, Volume 32, 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. All moneys collected in payment of fines imposed by the Directors of Public Safety upon members of the Police Force, all moneys deducted or withheld from the pay of members of the Police Force by reason of absence from duty from any cause, all moneys donated to this Fund, all moneys derived from the sale of unclaimed property coming into possession of said Police Department, and all rewards and testimonials paid to the members of the Police Force, shall be credited to said Police Pension Fund. Each member of the Police Force of the City of Wilmington who shall participate in the benefits of said Police Pension Fund shall pay unto the Trustees of the Police 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 Police Pension Fund such sum as may be required to meet all charges on said Police Pension Fund not covered by the annual income on said Fund and the other revenues coming into said Fund.

Section 2. That said Chapter 113, Volume 32, Laws of Delaware, be and the same is hereby further amended by adding at the end thereof three new sections, to be known as Section 10, Section 11, and Section 12, as follows:

Section 10. 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 11, At such time as the annual income and other revenues of the Police Pension Fund shall be more than sufficient to take care of the annual charges on the Police 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 Police 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 12. No person who shall become a member of the Police Force or an employee of the Bureau of Police 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.