CHAPTER 71

FORMERLY

SENATE BILL NO. 154

AN ACT TO AMEND CHAPTER 66, TITLE 18 OF THE DELAWARE CODE TO PROVIDE LINE-OF-DUTY DEATH BENEFITS FOR PARENTS OF CERTAIN COVERED PERSONS AND FOR PAYMENT OF BURIAL EXPENSES OF CERTAIN COVERED PERSONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §6601, Title 18 of the Delaware Code by striking subsection (1)(d) in its entirety and substituting in lieu thereof the following:

"d. Correctional officers employed by the Department of Correction; or".

Section 2. Further amend §6601, Title 18, Delaware Code by striking subparagraph (5) in its entirety and substituting in lieu thereof the following:

"'College or university' shall mean any non-profit college in the State of Delaware which is accredited by the appropriate regional accrediting agency."

Section 3. Amend §6602, Title 18 of the Delaware Code by striking same in its entirety and substituting in lieu thereof a new §6602 which shall read as follows:

"§6602. Payment for Beneficiaries; Tuition Payments

Upon certification by the Insurance Commission that a claim under this Chapter has been approved, the State Treasurer shall:

(1) Pay to the beneficiary or beneficiaries as designated or determined pursuant to §6603(1) hereof of every covered person who dies in the line-of-duty, an amount totalling Fifty Thousand Dollars ($50,000) payable in annual installments with the maximum amount payable in any one calendar year being Ten Thousand Dollars ($10,000). Installments shall terminate with the expiration of the beneficiary's eligibility.

(2) Pay, for no more than four (4) years, directly to the institution involved, the amount of the tuition of each dependent child of such covered person who dies in the line-of-duty so long as such child is enrolled In a degree or certificate program at a college or university. The term 'tuition' means any amount required for enrollment or attendance of a student. Such term does not include any amount paid directly or Indirectly for meals, lodging, transportation, extracurricular activities, supplies, equipment, clothing, or personal or family expenses.

(3) Unless any payment has been made pursuant to subsection (1), pay to the beneficiary or beneficiaries as designated or determined pursuant to S6603(2) hereof of a covered person as defined In subsections (a), (b), or (f) of §6601(1) of this Chapter who dies in the line-of-duty an amount totalling Twenty-five Thousand Dollars ($25,000), payable in annual installments with the maximum amount payable in any one calendar year being Five Thousand Dollars ($5,000). Installments shall terminate with the death of the last surviving beneficiary as determined pursuant to §6603(2).

(4) Pay, if neither subsection (1) or subsection (3) of this section apply, to the estate of a covered person, as defined in subsections (a), (b), or (f) of §6601(1) of this Chapter, who dies in the line-of-duty an amount not to exceed Five Thousand Dollars ($5,000) to be used solely for expenses related to burial of such covered person."

Section 4. Amend §6603, Title 18 of the Delaware Code by striking same in its entirety and substituting in lieu thereof a new §6603 which shall read as follows:

"§6603. Designation or Determination of Beneficiary

(1) Each covered person under this Chapter shall submit to his employing state, county, or municipal agency, volunteer fire department, or ambulance operator, the name of the beneficiary or beneficiaries and alternate beneficiaries such covered persons wish to receive the payment provided for by §6602(1). Beneficiary designation will be submitted to the Insurance Commissioner with the submission of any claim. The covered person may designate that any payment shall be divided among two (2) or more beneficiaries as provided by this subsection in any proportion. Only the spouse, dependent children, or dependent parents of a covered person shall be eligible beneficiaries to receive payment under §6602(1). Should a designated beneficiary or beneficiaries be dead or ineligible, then eligible alternate beneficiaries shall take hereunder in the order indicated by the covered person. Should a covered person not designate a primary or alternate beneficiary or beneficiaries, the following in the order of position of eligibility shall receive the payment:

(a) Spouse, if alive, if not;

(b) Living dependent children, the sum to be divided among the living children equally;

(c) Dependent parents, each parent to take fifty percent (50%) if both are living.

(2) Each covered person, as defined in subsection (a), (b), or (f) of §6601(1) of this Chapter, shall, if the provision of §6602(1) and §6603(1) do not apply, submit to this employing state, comity, or municipal agency, volunteer fire department, or ambulance operator, the name of the beneficiary or beneficiaries such covered person wishes to receive the payment provided for by §6602(3). Beneficiary designations will be submitted to the Insurance Commissioner with the submission of any claim. Only the living parents of such covered person shall be eligible beneficiaries to receive payment under §6602(3). The covered person may designate that any payment shall be divided among two (2) eligible beneficiaries in any proportion. Should a designated beneficiary be dead, then eligible alternate beneficiaries shall take hereunder as indicated by the covered person. Should the covered person not designate a primary or alternate eligible beneficiary or beneficiaries, the living parents, shall receive the payment, which shall be divided between the living parents equally.

(3) Payments wider §6602(1) in accordance with subsection (1) of this Section shall take priority. Any payments pursuant to §6602(1) and subsection (1) hereof shall preclude the applicability of §6602(3) and subsection (2) of this Section."

Approved June 30, 1981.