CHAPTER 199

FORMERLY

SENATE BILL NO. 147

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 56, TITLE 29, OF THE DELAWARE CODE RELATING TO DISABILITY PENSIONS FOR NEW JUDGES.

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

Section 1. Amend Section 5612, Title 29 of the Delaware Code by adding a new subsection (c) to read as follows:

"(c) If a member of the state judiciary shall become permanently disabled, physically or mentally, while in office, he shall, from and after the ascertainment of such incapacity in the manner hereafter set forth, receive an annual pension from the State, payable in equal monthly installments during the remainder of his lifetime. A member of the state judiciary may be deemed to be permanently physically or mentally incapacitated to perform the duties of his office after the Board of Pension Trustees have considered a certificate to that effect signed by the Chief Justice of the Supreme Court, or if the Chief Justice shall be the subject of such certificate, by the senior Justice of the Supreme Court, and by 3 persons duly licensed to practice medicine or surgery in this State and who have been actively engaged in such practice in this State for at least 10 years immediately preceding the signing of such certificate; said 3 persons to be previously designated by the Trustees."

Approved July 19, 1983.