CHAPTER 43

FORMERLY

HOUSE BILL NO. 69

AN ACT TO AMEND TITLE 20 DELAWARE CODE TO CREATE THE SERVICE MEMBERS' LIFE INSURANCE REIMBURSEMENT FUND.

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

WHEREAS, the Delaware National Guard has a proud tradition of military service with thousands of Delawareans having answered the call of the nation and served in the national guard ; and

WHEREAS, there have been instances in which the dependents of members of the Delaware National Guard have been left without adequate financial resources when a national guard member has been killed while on active duty ; and

WHEREAS, members of the Delaware National Guard are now being asked to serve extended periods of active duty in combat areas ; and

WHEREAS, members of the Delaware National Guard are eligible for life insurance policies that are currently limited to two hundred fifty thousand dollars ($250,000) through the federal servicemembers’ group life insurance program; and

WHEREAS, members of the Delaware National Guard provide Delaware and its citizens valuable benefits through their service inside this state and through their recently extended periods of active duty in combat areas outside of Delaware, and in exchange for these extended periods of active duty they should receive assistance with their premiums for the federal servicemembers’ group life insurance program;

NOW, THEREFORE:

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

Section 1. Title 20, Delaware Code, is hereby amended by adding a new Subsection thereto to be designated as § 187 to read as follows:

“§ 187. Service Members’ Life Insurance Reimbursement Fund.

(a) The “service members’ life insurance reimbursement fund” is created in the state treasury. The fund shall consist of legislative appropriations to the fund; gifts, grants, donations and bequests to the fund; and income from investment of the fund. Expenditures from the fund shall be made in accordance with rules promulgated by the Secretary of Finance and with the approval of the Adjutant General of the Delaware National Guard or the Adjutant General’s authorized representative.

(b) The fund shall be administered by the Delaware National Guard, and money in the fund is appropriated to the Delaware National Guard for the purpose of reimbursing eligible members of the Delaware National Guard for premiums paid for benefits under the servicemembers’ group life insurance program pursuant to 38 U.S.C Section 1965 et seq., as amended, and not otherwise reimbursed by the federal government.

( c) The Delaware National Guard shall adopt rules necessary to determine eligibility for reimbursement from the service members’ life insurance reimbursement fund and to implement a reimbursement program. Only members of the Delaware National Guard serving on active duty for longer than 30 days as a result of a federal mobilization or as a result of a state mobilization ordered by the governor shall be deemed eligible.

( d) Nothing in this section is intended to alter, amend or change the eligibility or applicability of the servicemembers’ group life insurance program pursuant to 38 U.S.C. Section 1965 et seq., as amended, or any rights, responsibilities or benefits thereunder.”.

Section 2. This Act shall become effective upon its enactment into law and its provisions shall apply to premiums paid on or after the date it is enacted into law.

Approved June 14, 2005