CHAPTER 89

AN ACT TO AMEND CHAPTER 83, TITLE 11, DELAWARE CODE, RELATING TO STATE POLICE PENSIONS BY LIBERALIZING THE SAME.

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

Section 1. § 8323, Title 11, Delaware Code, is hereby amended by changing the period at the end of subsection (a) of said Section to a semicolon and adding to said subsection (a) the following:

; provided, however, that if after retirement of such member the monthly salary payable to officer on active duty of equivalent rank as that held by a member at the time of his retirement, shall from time to time be increased over the salary received by any such member at the time of his retirement, the monthly amount payable to such retired member shall at all times and irrespective of the salary received by such member at the time of his retirement, be an amount equal to one-half of the monthly salary received by any such officer of equivalent rank on active duty.

Section 2. § 8324, Title 11, Delaware Code, is amended by changing the period at the end of said Section to a semicolon and by adding the following:

; provided, however, that if after retirement of a member by reason of permanent injuries received by such member in the performance of his duties, the monthly salary payable to officers on active duty of equivalent rank as that held by a member at the time of such retirement, shall from time to time be increased over the salary received by any such member at the time of his retirement, the monthly amount payable to such retired member shall at all times and irrespective of the salary received by such member at the time of his retirement be an amount equal to one-half of the monthly salary received by any such officer of equivalent rank on active duty; and, provided further that if after a member shall be retired by reason of injury or disease, upon such member's application to the Board as aforesaid, the monthly salary payable to officers on active duty of equivalent rank as that held by a member at the time of his retirement, shall from time to time be increased over the salary received by any such member at the time of his retirement, the monthly amount payable to such retired member shall at all times and irrespective of the salary received by such member at the time of his retirement, be an amount equal to three-fourths of the monthly salary received by any such officer of equivalent rank on active duty.

Section 3. § 8325, Title 11, Delaware Code, be and the same is hereby amended by changing the period at the end of said section to a semicolon and adding the following:

; provided, however, that if after a widow or minor child or sole dependent parent of a member of the State Police, as the case may be, shall be entitled to receive a pension, the monthly salary payable to officers on active duty of equivalent rank as that held by such member at the time of his death shall from time to time be increased over the salary received by any such member at the time of his death, the monthly amount payable to any such person or persons during the period they are entitled to receive said pension shall at all times and irrespective of the salary received by such member at the time of his death be an amount equal to three-fourths of the monthly salary received by any such officer of equivalent rank on active duty.

Section 4. § 8326, Title 11, Delaware Code, is hereby amended by adding the following at the end of said section:

If after such member or his widow, children or dependent parent, as the case may be, shall be entitled to receive the pension in this section provided, the monthly salary payable to officers on active duty of equivalent rank as that held by such member at the time of his retirement and/or his death, as the case may be, shall from time to time be increased over the salary received by any such member at the time of his retirement and/or his death, as the case may be, the monthly amount payable as a pension under this section shall at all times and irrespective of the salary received by such member at the time of his retirement or his death, be an amount equal to one-half of the monthly salary received by any such officer or equivalent rank on active duty.

Section 5. Chapter 83, Title 11, Delaware Code, is hereby amended by adding a new Section to be known as Section 8327 to read as follows:

§ 8327. Limitations on Pension Benefits.

Sections 8323, 8324, 8325 and 8326, as above amended, shall apply to and be for the benefit of all members of the State Police retired as of the effective date of this Act and/or to his widow, minor children or sole dependent parent, as the case may be, and such adjusted pension payments to such persons, as herein-above provided, shall continue as long as any such person is entitled thereto by virtue of the provisions of this Chapter; provided, however, all such adjustment figures in the pension payments to any such person or persons shall be taken as of December 31, 1962, in accordance with the provisions of the foregoing Sections, as amended, it being the intent of this Act that all adjustments provided for in the pension payable to any such person shall continue to be paid to such person but that this Act is limited to adjustments in such pension payments as of December 31, 1962, as reflected in the salary scale and corresponding rank of active State Police members as of that date and no further or additional adjustment in such pension shall be made on and after said date.

Approved June 28, 1963.