CHAPTER 154

FORMERLY

SENATE BILL NO. 254

AN ACT TO AMEND TITLE 29, DELAWARE CODE, RELATING TO SURVIVOR BENEFITS IN THE REVISED JUDICIARY PENSION PLAN.

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

Section 1. Amend 5613, Chapter 56, Title 29 of the Delaware Code, by adding a new subsection “3” to read as follows:

“(3)(a) Notwithstanding provisions of this Section to the contrary, a member may elect to have their service or disability pension, computed under this Section, reduced by 2% thereby providing a survivor’s pension equal to two-thirds of such reduced amount to their eligible survivor or survivors at the time of their death. This election must be made in a form approved by the Board, filed prior to the issuance of their first benefit check and shall be irrevocable.

(b) Notwithstanding the provisions of this section to the contrary, an individual receiving a service or disability pension which was effective prior to July 1, 2001, or an individual with a vested right to a service pension, may elect to have their service or disability pension reduced by 2%, thereby providing a survivor’s pension equal to two-thirds of such reduced amount to their eligible survivor or survivors at the time of their death. This election must be made in a form approved by the Board, filed prior to December 15, 2001, to be effective January 1, 2002, for the individual receiving a service or disability pension on July 1, 2001, or, in the case of an individual with a vested right to a service pension, filed prior to the issuance of their first pension check.”

Section 2. Amend 5614(a), Chapter 56, 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 during service of a member covered by the revised plan, a monthly survivor’s pension shall be payable to their eligible survivor or survivors equal to two-thirds of the service pension for which the judge would have been eligible and computed on the basis of actual service to the date of death or 12 years, whichever is greater and had elected the option provided under 5613(3) of this title.”

Section 3. Amend 5614(b), Chapter 56, Title 29 of the Delaware Code by striking said subsection in its entirety and substituting in lieu therefore a new subsection “(b)” to read as follows:

“(b) Upon the death of a member covered by the revised plan and receiving a service or disability pension at the time of their death, a monthly survivor’s pension shall be payable to his or her eligible survivor or survivor’s equal to (i) ½ of such service or disability pension, or (ii) if such pension was computed under 5613(3), two-thirds of such service or disability pension."

Approved July 10, 2001