CHAPTER 428

AN ACT TO AMEND CHAPTER 56, TITLE 29, DELAWARE CODE, RELATING TO PENSIONS FOR MEMBERS OF THE STATE JUDICIARY.

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

Section 1. § 5603, Chapter 56, Title 29, Delaware Code, is amended by adding at the end thereof a new subsection (f) to read as follows:

(f) Notwithstanding the provisions of section 5608 or any other provisions of this chapter, if a member of the State Judiciary who is or has been entitled to benefits under this chapter has served at least one 12 year term and before reaching age 65 either voluntarily retires or resigns and accepts an appointment to the federal judiciary, he may, within 90 days after such retirement or such resignation and acceptance, as the case may be, or 90 days after this act becomes law, whichever is later, elect in a writing filed with the Secretary of State that his wife shall become eligible for the benefits provided under this chapter. Said member shall, until the expiration of 24 years from the date he first became a member of the State Judiciary or until his death, whichever is sooner, be required to pay monthly to the State Treasurer the amount said member would have been required to pay as a covered member of the State Judiciary in the position then held. Such an election shall constitute a waiver of any rights in said member to a refund of contributions. Upon the death of said member, the surviving widow shall be entitled to an annual pension as long as she lives and remains unmarried, and the amount of the annual pension paid shall be the same amount paid to a widow of a deceased member of the State Judiciary who died after having retired on pension.

Section 2. § 5608, Chapter 56, Title 29, Delaware Code, is amended by striking in line 1 thereof the word "Any" and inserting in lieu thereof the following: "Except as provided under section 5603 (f) of this chapter, any".

Approved June 28, 1966.