CHAPTER 422

FORMERLY

SENATE BILL NO. 491

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 55, TITLE 29, DELAWARE CODE, RELATING TO SURVIVOR PENSIONS.

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

Section 1. Amend §5527, Chapter 55, Title 29 of the Delaware Code, by adding a new

subsection (g) to read as follows:

"(g) Notwithstanding provisions of this Section to the contrary an employee may elect to have his or her service or disability pension, computed under this Section, reduced by 3% thereby providing a survivor's pension equal to 75% of such reduced amount to his eligible survivor or survivors at the time of his death. This election must be made in a form approved by the Board, filed prior to the issuance of his or her first benefit check and shall be irrevocable."

Section 2. Amend §5528(a), Chapter 55, Title 29 of the Delaware Code by striking said subsection in its entirety and substituting in lieu thereof a new subsection "a" to read as follows:

"(a) Upon the death of an employee who has 5 years of credited service, exclusive of service credited under §5501(b)(4) or (5) of this Title, a monthly survivor's pension shall be payable to his or her eligible survivor or survivors equal to 3/4 of the service pension for which the employee would have been eligible if he or she had been 62 years of age and had elected the option provided under §5527(g), provided that such pension shall not be calculated under §5527(a)(1)(1) of this Title unless a pension would have been payable under this Chapter in effect immediately prior to the effective date of the 1976 Pension Act. 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 fails to meet the conditions of eligibility in paragraph (2) of subsection (d) of this Section."

Section 3. Amend §5528(b), Chapter 55, Title 29 of the Delaware Code by striking said subsection in its entirety and substituting in lieu thereof a new subsection "(b)" to read as follows:

"(b) Upon the death of an Individual receiving a service or disability pension at the time of his or her death, a monthly survivor's pension shall be payable to his or her eligible survivor or survivors equal to the greater of (1) 1/2 of such service or disability pension, or (ii) if such pension was computed under §5527(g) 3/4 of such service or disability pension, provided that upon the death of an individual who had not attained age 62 and was receiving a service pension at the time of his or her death, a monthly survivor's pension shall be payable to his or her eligible survivor or survivors equal to the greater of (1) 1/2 of the service pension for which the individual would have been eligible if he or she had been 62 years of age, or (ii) 3/4 of the pension for which the individual would have been eligible if he or she had been 62 years of age and had elected the option provided under §5527(g).

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 fails to meet the conditions of eligibility in paragraph (2) of subsection (d) of this Section."

Section 4. The effective date of this Act shall be July 1, 1989, if funded in the Fiscal 1990 budget.

Approved July 19, 1988