CHAPTER 242

AN ACT TO AMEND CHAPTER 56, TITLE 29, DELAWARE CODE, RELATING TO STATE JUDICIARY PENSIONS BY PROVIDING PENSION BENEFITS FOR SURVIVING WIDOWS.

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

Section 1. Section 5603, Title 29, Delaware Code, is hereby amended by adding new subsections (d) and (e) thereto reading as follows:

(d) Whenever any member of the State Judiciary shall die while in office, or shall die after retirement on a pension payable under the provisions of this Chapter, and shall leave a widow surviving him, an annual pension shall be paid thereafter to such surviving widow as long as she lives and remains unmarried.

(e) Whenever any member of the State Judiciary shall die during a period of involuntary retirement after having served at least 12 years as a judge but before having reached the age of 65, and shall leave a widow surviving him, an annual pension shall be paid thereafter to such surviving widow as long as she lives and remains unmarried.

Section 2. Section 5604, Title 29, Delaware Code, is hereby amended by designating the existing paragraph of said Section as Subsection (a), and by adding thereto a new Subsection (b) reading as follows:

(b) The amount of the annual pension paid to any widow of a deceased member of the State Judiciary shall be an amount equal to two-thirds of the annual pension such member of the State Judiciary, if he dies while in office, would have been entitled to receive if he had retired for disability on the day of his death, or shall be an amount equal to two-thirds of the pension of the deceased member of the State Judiciary if he died after having retired on pension. The amount of an annual pension paid to any widow of a deceased member of the State Judiciary who shall die during a period of involuntary retirement after having served at least 12 years as a judge but before having reached the age of 65, shall be an amount equal to two-thirds of the annual pension such member of the State Judiciary would have been entitled to receive if he had lived to the age of 65. Such pensions shall be paid in equal monthly installments.

Approved December 20, 1961.