CHAPTER 346

RELATING TO PENSIONS TO MEMBERS OF FIRE AND POLICE BUREAUS

AN ACT TO AMEND 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 (THE SAME BEING CHAPTER 167 OF VOLUME 45, LAWS OF DELAWARE).

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 Chapter 167 of Volume 45, Laws of Delaware, as amended, be and the same is hereby further amended by adding to Section 4. a new paragraph to be designated as Section 4., Subdivision C:

C. Notwithstanding the provisions of this Act or of any general or special law to the contrary, any condition of impairment of health caused by tuberculosis or heart disease, resulting in total or partial disability of any member of the Police or Fire Departments of the Department of Public Safety of the Mayor and Council of Wilmington who successfully passes a physical examination on entry into such service, which examination failed to reveal any evidence of such condition, shall be presumed to have suffered or incurred such ailments in the line of duty, unless the contrary be shown by competent evidence. Any disability as specified in this paragraph which removes the member of the Police or Fire Departments from active service shall entitle the Firemen or Policemen to the benefits of this Act regardless of the period of service at the time the disability occurs.

Approved June 8, 1951.