CHAPTER 505

AN ACT TO AMEND CHAPTER 118, VOLUME 33, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT PROVIDING FOR A FIREMAN'S PENSION FUND FOR MEMBERS OF THE BUREAU OF FIRE OF THE DEPARTMENT OF PUBLIC SAFETY OF THE CITY OF WILMINGTON" TO PROVIDE FOR AN INCREASE IN PENSION BENEFITS.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all members elected to each house thereof concurring therein):

Section 1. Chapter 118, Volume 33, Laws of Delaware, as amended, is further amended by adding thereto a new Section 10 to read as follows:

Section 10. Notwithstanding any other provisions of this Act to the contrary, each member of the Bureau of Fire of the Department of Public Safety of the City of Wilmington who is or shall be retired as of June 30, 1970 shall be entitled to receive a monthly pension equal to one-half of the monthly salary received as of June 30, 1970 by a fireman on active duty of equivalent rank as that held by such member at the time of his retirement, plus if the service of such member is continuous two percent (2% ) of such monthly salary multiplied by the number of years of service in excess of 20 years.

Section 2. Chapter 118,.Volume 33, Laws of Delaware, as amended, is further amended by adding thereto a new Section 11 to read as follows:

Section 11. Notwithstanding any other provisions of this Act to the contrary, any widow of a member who is or shall be entitled to receive a pension under Section 1 of this Act as of June 30, 1970 shall be entitled to receive a monthly pension equal to one-half of the monthly salary received as of June 30, 1970 by a fireman on active duty of equivalent rank as that held by such member at the time of his death.

Section 3. Chapter 118, Volume 33, Laws of Delaware, as amended, is further amended by adding thereto a new Section 12 to read as follows:

Section 12. Notwithstanding any other provisions of this Act to the contrary, any widow or sole dependent parent of a member, as the case may be, who is or shall be entitled to receive a pension under Section 4 of this Act as of June 30, 1970 shall be entitled to receive a monthly pension equal to one-fourth of the monthly salary received as of June 30, 1970 by a fireman on active duty of equivalent rank as that held by such member at the time of his retirement or death as the case may be, plus if the service of such member is continuous two percent (2% ) of such monthly salary multiplied by the number of years of service of such member in excess of 20 years.

Section 4. Any adjustment by virtue of the provisions of this Act increasing the pension payment applicable to and for the benefit of any member of the Bureau of Fire of the Department of Public Safety of the City of Wilmington retired as of June 30, 1970 or to his widow or sole dependent parent, shall be payable as follows:

(a) The first twenty-five percent (25%) of any adjustment increasing the pension payments shall be paid during the fiscal year commencing July 1, 1970.

(b) In addition to the first twenty-five percent (25%) of any adjustments increasing the pension payments paid in accordance with subparagraph (a) hereof, there shall be paid during the fiscal year commencing July 1, 1971 thirty-three and one-third percent (33 1/3%) of any remaining part of the adjustment increasing the pension payments.

(c) In addition to any amounts paid in accordance with subparagraphs (a) and (b) hereof on any adjustment increasing the amount of the pension payments, there shall be paid during the fiscal year commencing July 1, 1972 fifty percent (50% ) of any remaining part of the adjustment increasing the pension payments.

(d) In addition to any amounts paid in accordance with subparagraph (a), (b) and (c) hereof on any adjustment increasing the amount of the pension payments, there shall be paid during the fiscal year commencing July 1, 1973 the remaining part of the adjustment increasing the pension payments.

Section 5. After July 1, 1974 any pension benefits over and above such as are payable pursuant to this Act shall be provided for by duly adopted ordinance of the Council of the City of Wilmington.

Section 6. This Act shall be effective on July 1, 1970.

Approved June 4, 1970.