CHAPTER 241

FORMERLY

HOUSE BILL NO. 461

AN ACT AUTHORIZING AND DIRECTING THE BOARD OF PENSION TRUSTEES TO GRANT ARLENE E. BANNING A SURVIVOR'S PENSION; AND APPROPRIATING MONIES TO THE SPECIAL PENSION FUND CREATED BY VOLUME 61, CHAPTER 455, LAWS OF DELAWARE.

WHEREAS, on August 4, 1997, Oakley M. Banning, Jr., Representative of the 9th Representative District, succumbed to an apparent heart attack, having completed almost five years of dedicated public service; and

WHEREAS, under the provisions of Title 29, Chapter 55, §5527(d) of the Delaware Code, elected officials are entitled to a service pension if they have attained the age of sixty with at least five years of service; and

WHEREAS, Oakley M. Banning, Jr. died just under three months short of compliance with the statute; and

WHEREAS, under the provisions of §5528 of Title 29, Delaware Code, which establishes the criteria for eligibility for a survivor's pension, Mrs. Banning would be eligible to receive three-fourths of her late husband's pension had he completed the full five years of service.

NOW, THEREFORE:

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

Section 1. The Board of Pension Trustees is hereby authorized and directed to grant Arlene E. Banning a survivor's pension, effective September 1, 1997, in the amount of $214.67 per month as if such award were made pursuant to Chapter 55, Title 29 of the Delaware Code.

Section 2. The Budget Director and the Controller General are authorized to transfer the sum of $23,100 from a contingency line item within the Office of the Budget-Contingency and One-Times (10-02-04) to the Special Pension Fund authorized by Volume 61, Chapter 455, Laws of Delaware for the purpose of implementing the provisions of Section 1 of this Act.

Approved February 10, 1998