CHAPTER 327

FORMERLY

HOUSE BILL NO. 640

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 88, TITLE 11, DELAWARE CODE AND CHAPTER 7, TITLE 18, DELAWARE CODE RELATING TO THE DISTRIBUTION OF INSURANCE PREMIUM TAXES AND FEES.

BE IT ENACTED 8Y THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 88, Title 11, Delaware Code by striking the Chapter Title in Its entirety and substituting in lieu thereof the following:

"DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN"

Section 2. Amend Chapter §8801(5), Chapter 88, Title 11, Delaware Code by striking said subsection in its entirety and substituting in lieu thereof the following:

"(5) Employee shall mean:

a. An individual who is employed on a full time basis as a police officer by a county or municipality in Delaware which has affiliated with the Fund established by this chapter, or

b. An individual who is employed on a full time basis as a uniformed firefighter by the City of Wilmington after affiliation by the City of Wilmington with the Fund established by this chapter."

Section 3. Amend §8805, Chapter 88, Title 11, Delaware Code by inserting immediately after the word "Police" in the second line of said section,. the phrase "/Firefighter".

Section 4. Amend §8815(a), Chapter 88, Title 11, Delaware Code by inserting immediately after the phrase "police officer" as it appears in the third line of said subsection, the phrase "/firefighter".

Section 5. Amend §8843, Chapter 88, Title 11, Delaware Code by inserting immediately after the word "Police" as it appears in the first line of said section, the phrase "/Firefighter".

Section 6. Amend §706(1), Chapter 7, Title 18, Delaware Code by deleting the phrase "State Highway Department" as it appears therein and substituting in lieu thereof the phrase "State Department of Public Safety."

Section 7. Amend §708(b), Chapter 7, Title 18, Delaware Code by deleting said subsection in its entirety and substituting a new subsection "b" to read as follows:

"(b) The money received by the Insurance Commissioner in accordance with the provisions of §707 of this title shall be paid to the State Treasurer and shall be set aside as a special fund and shall be paid out by the State Treasurer, subject to the provisions of subsection (c) of this section, to the proper officers in charge of any state, county or municipal police department or bureau having a pension fund, or which shall hereafter by law have a police pension fund. The State Treasurer shall determine the total number of state, county and municipal police entitled to benefits under the provisions of this section and §707 of this title from an annual registry in accordance with §709(a) of this title, and shall make distribution proportionately and on a per capita basis, subject to the provisions of subsection (c) of this section, to the proper officers of any state, county or municipal police department or bureau complying with the provisions of the section and §707 of this title. Distribution under this section shall take place twice annually, on or before June 30 and December 31."

Section 8. Amend §708, Chapter 7, Title 18, Delaware Code by adding a new subsection "c" to read as follows:

"(c) The payments to the state referred to in this section for "State Police," as defined in §706(1) of this chapter, shall be deposited into a special fund, to be managed by the State Board of Pension Trustees, to provide post-retirement Increases for retired county and municipal police and firefighter. The State Board of Pension Trustees shall allocate the funds deposited in this special fund on a per capita basis to the account of each eligible county or municipality based upon the annual registry in accordance with 709(b) of this chapter, provided that the eligible roun.,, municipality has elected to participate in the State administered County and Municipal Police/Firefighter Pension Plan for all new hires after the effective date of this Act in accordance with Chapter 88 of Title 11. No funds shall be disbursed from this special fund without the prior approval of the Board of Pension Trustees.

Any county or municipality wishing to grant a post-retirement increase from this fund shall submit a proposal to the State Board of Pension Trustees outlining the proposal in such detail as the State Board of Pension Trustees may require. The State Board of Pension Trustees shall not approve any proposal for a post-retirement increase unless the county or municipality requesting such increase agrees to deposit into this special fund, prior to the implementation of such increase, sufficient funds to cover 50% of the total actuarial cost of such increase.

Any funds on deposit in this special fund, including accumulated income, shall revert to the General Fund, if such funds are not utilized for a post-retirement increase by the eligible counties or municipalities within five years from the date of deposit into the special fund."

Section 9. Amend §709, Chapter 7, Title 18, Delaware Code by designating the current section as subsection "(a)".

Section 10. Amend §709, Chapter 7, Title 18, Delaware Code by adding a new subsection "b" to read as follows:

"(b) It shall be the duty of the officer in charge of any county or municipal police/fire department or bureau participating in the provisions of §707 and §708 of this chapter to register with the State Board of Pension Trustees on or before the first day of April in each year, and to provide the State Board of Pension Trustees with a listing of the number of retired policemen or firefighters receiving benefits as of December 31 of the preceding year excluding those covered by the County and Municipal Police/Firefighter Pension Plan as contained in Chapter B8, Title 11, Delaware Code."

Section 11. In the event that no county or municipality submits a proposal to the State Board of Pension Trustees requesting post-retirement increase monies from the special fund within 5 years from the effective date of this Act, the special fund shall terminate, any funds on deposit in the special fund, including accumulated income, shall revert to the General Fund and this Act shall be automatically repealed in its entirety, with the provisions of the Delaware Code amended by this Act restored as if this Act had not been adopted.

Approved July 10, 1990.