CHAPTER 364

FORMERLY

SENATE BILL NO. 301

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTERS 55 AND 55A, TITLE 29, DELAWARE CODE.

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

Section 1. Amend §5526(b), Chapter 55, Title 29, Delaware Code by

inserting immediately after the phrase "annual rate of compensation" the following:

", adjusted annually for any increase in the total 'Median Usual Weekly Earnings' as published by the U.S. Department of Labor,"

Section 2. Amend §5573, Chapter 55A, Title 29, Delaware Code by striking the number "10" as it appears therein and substituting in lieu thereof the number "5".

Section 3. Amend §5576(b), Chapter 55A, Title 29, Delaware Code by

striking said subsection in its entirety and substituting in lieu thereof a new subsection "(b)" to read as follows:

"(b) Any disability pensioner who has not attained age 60 shall report to the Board by April 30 each year in a form prescribed by the Board, his total earnings from any gainful occupation or business in the preceding calendar year. The excess of such earnings over one half of the annual rate of compensation, adjusted annually for any increase in the total 'Median Usual Weekly Earnings' as published by the U.S. Department of Labor, received by him before he became disabled shall be deducted from his disability pension during the 12 months beginning in July of the year following the calendar year for which earnings are reported, in a manner determined by the Board. If any person received a disability pension for less than 12 months in the calendar year for which earnings are reported, the deduction, if any, shall be determined on a pro rata basis."

Approved July 13, 1992.