CHAPTER 49

FORMERLY HOUSE BILL NO. 46

AN ACT TO GRANT THE WIDOW OF A DECEASED MEMBER OF THE STATE JUDICIARY WHO WAS RECEIVING A PENSION ON DECEMBER 29, 1967 ALL BENEFITS PROVIDED BY CHAPTER 198, VOLUME 56, LAWS OF DELAWARE.

WHEREAS, the 124th General Assembly enacted an amendment to Title 29, Chapter 56 of the Delaware Code providing for increased pensions for members of the State Judiciary, said enactment being Chapter 198, Volume 56, Laws of Delaware; and

WHEREAS, on the effective date of said enactment, December 29, 1967, there was one widow, of a deceased member of the State Judiciary who had died in office, then receiving a pension; and

WHEREAS, it was represented to the 124th General Assembly that said widow would receive the benefit of said enactment; and

WHEREAS, as a result of an opinion by the Attorney General dated October 9, 1968, it was determined, on the basis of the language of Chapter 198, Volume 56, Laws of Delaware, as enacted, that said widow was not entitled to the benefit of said enactment;

NOW, THEREFORE:

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

Section 1. Any widow of a deceased member of the State Judiciary who was receiving a pension at the time of the enactment of Chapter 198, Volume 56, Laws of Delaware, on her written election to the Board of State Judiciary Pension Trustees within ninety days following the passage of this Act, shall be entitled to receive pension benefits calculated as if her husband had died in office immediately after the effective time of the enactment of Chapter 198, Volume 56, Laws of Delaware on the date of said enactment with the actual length of judicial service he did have at the actual time of his death, and such entitlement shall be retroactive to the date of said enactment, December 29, 1967. This entitlement shall be in addition to benefits already received under Title 29, Chapter 56 of the Delaware Code for the period prior to December 29, 1967.

Approved April 30, 1971.