CHAPTER 233

FORMERLY SENATE BILL NO. 430

AN ACT TO AMEND CHAPTER 113, VOLUME 32, LAWS OF DELAWARE, ENTITLED "AN ACT PROVIDING FOR A POLICE PENSION FUND: FOR MEMBERS OF THE POLICE FORCE 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 the Members elected to each branch thereof concurring therein):

Section 1. Section 1 of Chapter 113, Volume 32, Laws of Delaware, as amended, is hereby amended by striking the number "fifteen" and inserting in lieu thereof the number "seven".

Section 2. Section 4, Chapter 113, Volume 32, Laws of Delaware, as amended, is hereby amended by striking the number "fifteen" and inserting in lieu thereof the number "seven".

Section 3. Section 1 of Chapter 113, Volume 32, Laws of Delaware, as amended, is hereby amended by striking the amount "Ten Dollars ($10.00)" and inserting in lieu thereof the amount "Thirty Dollars ($30.00)"; and said section is further amended by striking the period (.) at the end of the phrase "currently under the age of eighteen years" and inserting in lieu thereof ", with a maximum payment of ninety dollars ($90.00) per family per month for said dependent children."

Section 4. Chapter 113, Volume 32, Laws of Delaware, as amended, is further amended by adding thereto a new section to read as follows:

Section 14. Notwithstanding any other provisions of this Act to the contrary, any widow who is receiving pension benefits and who dies, survived by a child or children under the age of eighteen (18) years, shall not cause said pension to cease, but said pension benefits shall continue and be paid to the surviving child or children until the youngest child attains the age of eighteen (18) years. Said benefits shall be paid to said child or children in lieu of the benefits paid to said child or children pursuant to Section 1 of this Act.

Section 5. Chapter 113, Volume 32, Laws of Delaware, as amended, is further amended by adding after the first paragraph of Section 1 thereof a new paragraph to read as follows:

Whenever a member of the Bureau of Police of the Department of Public Safety shall have become permanently disabled or incapacitated so as not to be able to be employed in any capacity, from a job connected injury, shall be entitled to receive from the sum herein established an amount equal to seventy-five per centum (75%) of the amount of his salary at the time of retirement.

Section 6. Chapter 113, Volume 32, Laws of Delaware, as amended, is further amended by adding to the end of the first paragraph of Section 1 thereof the following:

Any member who has performed service for at least twenty (20) years and who is eligible for retirement, and who continues to work for the Bureau and who is subsequently disabled from a non-occupational injury, is not eligible to receive a disability pension, notwithstanding any other provisions of this Act to the contrary.

Section 7. Chapter 113, Volume 32, Laws of Delaware, as amended, is further amended by adding the words "terminal cancer, or emphysema" after the words "caused by Tuberculosis or heart disease," and before the words "resulting in total or partial" where they appear in Section 1 thereof.

Section 8. Chapter 113, Volume 32, Laws of Delaware, as amended, is further amended by adding thereto a new section to read as follows:

Section 15. Whenever a member of the Bureau of Police of the Department of Public Safety shall transfer to and be a member of the Bureau of Fire of the Department of Public Safety, all pension and retirement benefits and rights accrued to said member shall be transferred to the pension fund for members of the Bureau of Fire of the Department of Public Safety.

Approved July 8, 1971