CHAPTER 133

FORMERLY

SENATE BILL NO. 191

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE CALCULATION OF PENSION BENEFITS IN THE COUNTY AND MUNICIPAL POLICE/FIREFIGHTERS' PENSION PLAN.

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

Section 1. Amend §8818, Chapter 88, Title 11, Delaware Code, by striking said section in its entirety and substituting in lieu thereof a new section to read as follows:

“§8818. The amount of the monthly ordinary service pension payable to a retired member shall be the sum of 2.5% of final average compensation multiplied by years of service up to 20 years inclusive, plus 3.5% of final average compensation multiplied by years of service above 20 years.”

Section 2. Amend §8820(a), Chapter 88, Title 11, Delaware Code, by striking said subsection in its entirety and substituting in lieu thereof a new section to read as follows:

“(a) The duty-connected total disability pension shall by 75% of final average compensation plus 10% of final average compensation for each dependent during the period of dependency, not to exceed a total of 25% of final average compensation for all dependents.”

Section 3. Amend §8820(b), Chapter 88, Title 11, Delaware Code, by striking said subsection in its entirety and substituting in lieu thereof a new section to read as follows:

“(b) The duty-connected partial disability pension shall be computed in the same manner as the service pension based on credited service accrued to the date of disability, subject to a minimum of 50% of final average compensation.”

Section 4. Amend §8821, Chapter 88, Title 11, Delaware Code, by striking said section in its entirety and substituting in lieu thereof a new section to read as follows:

Ҥ8821. The ordinary disability pension shall be computed in the same manner as the service pension based on credited service accrued to the date of disability, subject to the following:

(1) In the case of total disability, the minimum pension shall be 50% of final coverage compensation plus 5% of final average compensation for each dependent during the period of dependency, not to exceed a total of 20% of final average compensation for all dependents; and

(2) In the case of partial disability, the minimum pension shall be 30% of final average compensation.”

Section 5. Amend §8841(a), Chapter 88, Title 11, Delaware Code, by striking said subsection in its entirety and substituting in lieu thereof a new subsection to read as follows:

“(a) Effective January 1, 2006, member contributions to the fund shall be 7% of monthly compensation.”

Section 6. Amend Chapter 88, Title 11, Delaware Code by designating the current section 8825 as subsection (a) and adding a new subsection (b) to read as follows:

“(b) Any monthly service pension, disability pension or survivor pension based on a former service or disability pension which is payable on the date this subsection is enacted into law shall be increased effective July 1, 2005, by the amount of difference between the pensioner's computed benefit under Chapter 88 of this title, as effective July 1, 2005, less the benefit previously awarded under Chapter 88 of this title.”

Section 7. Amend §8814(b)(4), Chapter 88, Title 11, Delaware Code, by striking the phrase “the State Police pension system” as it appears and substituting in lieu thereof the phrase “a State pension plan which provides for a unified state service pension”.

Section 8. Amend §8811, Chapter 88, Title 11, Delaware Code, by striking said section in its entirety and substituting in lieu thereof a new section to read as follows:

“§8811. A member shall retire on the member's mandatory retirement date as established by the employer.”

Section 9. Amend §8813(a)(3), Chapter 88, Title 11 of the Delaware Code, by redesignating said subsection as new subsection (4) and by adding a new subsection designated as subsection (3) to read as follows:

“(3) The member has 10 years of credited service, and has retired under the provisions of §8811 of this title; or”

Section 10. The effective date of this act shall be July 1, 2005, with the exception of Section 5 which shall become effective on January 1, 2006.

Approved July 7, 2005