CHAPTER 387

AN ACT TO AMEND CHAPTER 55, TITLE 29, DELAWARE CODE, RELATING TO STATE EMPLOYEES' PENSION PLAN BY INCREASING BENEFITS FOR PENSIONERS NOT QUALIFIED FOR OLD AGE INSURANCE BENEFITS.

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

Section 1. Title 29, Delaware Code, is hereby amended by adding a new Section 5531 to read as follows:

§ 5531. Supplemental benefits; limitation; supplemental benefits payable to surviving spouse

Any other provision of this Chapter notwithstanding, any pensioner hereunder who has attained the age of 62 years and who retired from state service prior to June 30, 1955, shall be paid a supplemental monthly benefit in the amount of $3 for each year of covered employment earned by such employee in excess of 15 such years, but in no event more than $50 a month. The supplemental payment under this section shall be reduced by the amount of any primary benefit payable to the pensioner as old age insurance benefits under the Federal Social Security Act regardless of whether or not the right to such old age insurance benefits was earned in state service.

The surviving spouse of a pensioner who was eligible under this section, or of a pensioner who died prior to July 1, 1964, but who would otherwise have been eligible hereunder, shall, until the death or remarriage of such surviving spouse, receive a supplemental pension equal to one-half (1h,) the amount which

(a) an eligible pensioner was or shall be receiving under the provisions of this section at the time of his death, or

(b) a pensioner, deceased prior to July 1, 1964, would have otherwise been eligible to receive under this section. Section 2. This act shall become effective July 1, 1964.

Approved August 28, 1964.