Delaware General Assembly


CHAPTER 340

WILMINGTON - TERMINATING ELIGIBILITY OF PENSIONS TO MEMBERS OF FIRE AND POLICE BUREAUS

AN ACT TO AMEND CHAPTER 167, VOLUME 45, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT PRO: VIDING 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" BY TERMINATING ELIGIBILITY THEREUNDER AND GRANTING THOSE PRESENTLY THEREUNDER THE OPTION TO RETURN TO COVERAGE UNDER CHAPTER 113, VOLUME 32, LAWS OF DELAWARE, AS AMENDED, AND CHAPTER 118, VOLUME 33, LAWS OF DELAWARE, AS AMENDED.

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

Section 1. That Chapter 167, Volume 45, Laws of Delaware, as amended, be and the same is hereby further amended by adding at the end thereof the following new Section:

"Section 13. The provisions of this Act shall apply henceforth only to those members of the Bureau of Fire and Bureau of Police of the Department of Public Safety of the City of Wilmington who shall have become members thereof during the period of time commencing on April 16, 1945 and ending on July 1, 1951 and to those who shall have become members prior to April 16, 1945, who have between that date and July 1, 1951 voluntarily agreed to accept the provisions of Chapter 167, Volume 45, Laws of Delaware, as amended.

"Any person who shall have become a member of the Bureau of Fire or Bureau of Police of the Department of Public Safety of the City of Wilmington during the period of time commencing on April 16, 1945 and ending on July 1, 1951 and all those who shall have become members prior to April 16, 1945 and who have between that date and July 1, 1951 voluntarily agreed to accept the provisions of Chapter 167, Volume 45, Laws of Delaware as therein provided may elect to become covered by or to return to coverage under Chapter 113, Volume 32, Laws of Delaware, as amended, and Chapter 118, Volume 33, Laws of Delaware, as amended, as the case may be, by agreeing to pay to the Firemen's Pension Fund or Police Pension Fund, as the case may be, the amount of money which would have been withheld or collected from them during the period of time when they were covered by Chapter 167, Volume 45, Laws of Delaware, as amended. Upon such election and upon agreement to pay the moneys as aforesaid either in monthly or semi-monthly installments, at least in an amount so as to enable full payment by the anticipated retirement date or in a lump sum, those persons shall be considered as covered under Chapter 113, Volume 32, Laws of Delaware and Chapter 118, Volume 33, Laws of Delaware, as the case may be, as full and complete as if they had in fact never during the time of eligibility been without coverage thereunder."

Section 2. That Chapter 167, Volume 45, Laws of Delaware, as amended, be and the same is hereby, in so far as it shall relate to or affect any person who shall henceforth become a member (as defined therein) of the Bureau of Fire or the Bureau of Police of the Department of Public Safety of the City of Wilmington, is repealed.

Section 3. All Acts or parts of Acts inconsistent herewith are hereby repealed only to the extent of such inconsistency.

Approved June 8, 1951