CHAPTER 128

AN ACT TO AMEND CHAPTER 83, TITLE 11, DELAWARE CODE BY ADDING A NEW SECTION THERETO RELATING TO DISABILITY AND DEATH BENEFITS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Chapter 83, Title 11, Delaware Code is amended by adding a new section to that chapter as follows:

§ 8326 (a). Disability pension; eligibility

Any present or future member of the State Police who shall become disabled due to any non-occupational injury or disease, or who shall die while inactive member of the State Police and after having served as an active member of the State Police for at least one-third (1/3) of the required number of years for regular pension, shall be eligible for a non-occupational disability pension. When a member of the State Police shall desire to retire by reason of injury or disease that causes him to become disabled, he shall make application in writing and in the case of death, his widow, minor children or dependent parent shall make application in writing to the Board for such pension. Whereupon, the Board shall call to its assistance the aid of a physician or surgeon representing the Board, and the member may also call to his or her aid a physician or surgeon. The Board shall determine by resolution passed by at least a majority of the members of the Board, whether such member is entitled to the benefits of this subchapter, and if so determined, such member shall be retired upon a pension equal to one-half of his salary at the time of his retirement, and in the case of death, the following persons shall receive a pension equal to one-half of the salary of the member in the following order of preference: widow, children, dependent parent. Such pension to such widow shall be discontinued in the event that such widow shall remarry; and such pension to such children shall be discontinued when the youngest living child shall arrive at the age of eighteen (18) years or sooner die. Nothing in this paragraph shall be construed as to conflict with any other paragraph contained within this Subchapter.

Approved July 1, 1959.