CHAPTER 389

FORMERLY

SENATE BILL NO. 49

AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO LINE-OF-DUTY DEATH BENEFITS TO CERTAIN PUBLIC EMPLOYEES, INCLUDING VOLUNTEER FIREMEN.

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

Section 1. Amend Title 18 of the Delaware Code, §6601 (2), by striking the period (.) immediately following the phrase "within or outside of normal duty hours" and insert in lieu thereof the following:

"; provided, however, that any death of a covered person occurring while that person is on active duty shall create a rebuttable presumption that such death was a death in the line of duty and that the burden of proof shall be on the employer to demonstrate by a preponderance of the evidence that such death was not a death in the line of duty."

Approved May 6, 1976