CHAPTER 73

FORMERLY

SENATE BILL NO. 160

AN ACT TO AMEND CHAPTER 55, TITLE 29, DELAWARE CODE RELATING TO FORMER STATE EMPLOYEES WITH VESTED PENSION BENEFITS.

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

Section 1. Amend §5528, (f), Chapter 55, Title 29, Delaware Code by striking said subsection in its entirety.

Section 2. Amend §5528 (a), Chapter 55, Title 29, Delaware Code by adding immediately at the end of such subsection the following:

"A survivor's pension shall begin with the month following the month in which the employee dies. If payable to a widow or widower, it shall cease with the month in which the survivor dies. If payable to a parent, it shall cease with the month in which the parent dies. If payable to a child, it shall cease with the month in which the child dies or falls to meet the conditions of eligibility in paragraph (2) of subsection (d) of this section."

Section 3. Amend §5528 (b), Chapter 55, Title 29, Delaware Code by adding immediately at the end of such subsection the following:

"A survivor's pension shall begin with the month following the month In which the pensioner dies. If payable to a widow or widower, it shall cease with the month in which the survivor dies. If payable to a parent, it shall cease with the month in which the parent dies. If payable to a child, it shall cease with the month in which the child dies or falls to meet the conditions of eligibility in paragraph (2) of subsection (d) of this section."

Section 4. Amend §5528, Chapter 55, Title 29, Delaware Code by designating subsections (c), (d) and (e) as subsections (d), (e) and (f).

Section 5. Amend §5528, Chapter 55, Title 29, Delaware Code by adding a new subsection (c) to read as follows:

"(c) Upon the death of a former employee with a vested right to a pension a monthly survivor's pension equal to one-half of the former employee's entitlement shall be payable to his or her eligible survivor or survivors beginning with the month that the former employee would have been eligible to receive such pension. If payable to a widow or widower, it shall cease with the month in which the survivor dies. If payable to a parent, it shall cease with the month in which the parent dies. If payable to a child, it shall cease with the month in which the child dies or fails to meet the conditions of eligibility in paragraph (2) of subsection (d) of this section."

Approved July 2, 1985.