TITLE 20

Military and Civil Defense

Military

CHAPTER 1. DELAWARE NATIONAL GUARD

Subchapter VI. Service Pay, Disability Compensation and Company Appropriations


(a) For every day of service while on State duty on account of an emergency or impending emergency, as listed in § 171 of this title, each enlisted member, officer or warrant officer of the Delaware National Guard shall receive a sum equal to twice the per diem, pay and allowances that military personnel of like grade and length of service in the United States military would be entitled to receive for a similar period of service. For state duty outside of emergency or impending emergency responses, including training or other nonemergency response authorized by the Adjutant General, members of the Delaware National Guard shall receive a sum equal to the per diem, pay, and allowances that military personnel of like grade and length of service in the United States military receive for a similar period of service.

(b) Service pay for such emergencies and nonemergencies and any expenses incidental to mobilization shall be paid by the State Treasurer from any moneys not otherwise appropriated, upon warrants therefor signed by the Adjutant General and countersigned by the Governor.

20 Del. Laws, c. 392, § 42; 22 Del. Laws, c. 284, § 1; Code 1915, § 311; 32 Del. Laws, c. 22, § 1; Code 1935, § 285; 47 Del. Laws, c. 329, § 6; 20 Del. C. 1953, § 181; 56 Del. Laws, c. 415, § 1; 64 Del. Laws, c. 258, § 1; 80 Del. Laws, c. 387, § 3.;

(a) As used in this section, the phrase "service of the State" includes duty pursuant to § 171 of this title as well as attendance at military school under proper orders, participating in armory drill, special ceremonies and field training unless otherwise designated by the United States government.

(b) If any officer or soldier belonging to any regiment, company, or detachment of the Delaware National Guard is wounded or disabled in the service of the State when called into such service, the member shall receive compensation from the State at the rate provided in Chapter 23 of Title 19 for the type of injuries sustained.

(c) If any officer or enlisted member of the Delaware National Guard is killed in the service of the State, a pension shall be awarded to the spouse or next of kin, as the case may be, in accordance with the provisions of § 2330 of Title 19.

(d) Such compensation or pension shall be based either upon civilian earning capacity or wages or upon military pay scale, whichever is greater.

(e) Any such compensation or pension shall be paid by the State Treasurer from any moneys not otherwise appropriated upon warrants therefor signed by the Adjutant General and countersigned by the Governor.

20 Del. Laws, c. 392, § 45; Code 1915, § 314; 32 Del. Laws, c. 22, § 1; Code 1935, § 288; 47 Del. Laws, c. 329, § 8; 20 Del. C. 1953, § 182; 64 Del. Laws, c. 258, § 1.;

24 Del. Laws, c. 62, § 3; Code 1915, § 316; 32 Del. Laws, c. 22, § 1; Code 1935, § 290; 47 Del. Laws, c. 329, § 9; 20 Del. C. 1953, § 183; 64 Del. Laws, c. 258, § 1; 68 Del. Laws, c. 110, § 1; repealed by 80 Del. Laws, c. 387, § 3, eff. Aug. 10, 2016.;

The Delaware National Guard shall receive an appropriation annually for the unit funds of said Guard. The funds received shall be allocated to each unit fund on a proportional basis based upon the unit's authorized strength. The funds shall be expended with the approval of the Adjutant General to enhance the morale, welfare and recreation of assigned personnel.

20 Del. Laws, c. 392, § 47; 24 Del. Laws, c. 62, § 3; Code 1915, § 316; 32 Del. Laws, c. 22, § 1; Code 1935, § 290; 47 Del. Laws, c. 329, § 9; 20 Del. C. 1953, § 184; 64 Del. Laws, c. 258, § 1; 73 Del. Laws, c. 197, § 1.;

Personnel employed by the State to support the operations and maintenance of the National Guard shall be exempt from the state merit system and shall be paid in accordance with like positions of the military technician programs of the Department of Defense. Such employees shall be governed in a like manner in accordance with the rules and regulations which pertain to the federal military technician program except for: retirement benefits, health benefits, severance packages, and unused sick leave; all of which shall be administered in the same manner as state merit system employees.

64 Del. Laws, c. 258, § 1; 80 Del. Laws, c. 387, § 3.;

64 Del. Laws, c. 184, § 1; 64 Del. Laws, c. 258, § 1; repealed by 80 Del. Laws, c. 387, § 3, eff. Aug. 10, 2016.;

(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 service members' group life insurance program pursuant to 38 U.S.C. § 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 service members' group life insurance program pursuant to 38 U.S.C. § 1965 et seq., as amended, or any rights, responsibilities or benefits thereunder.

75 Del. Laws, c. 43, § 1.;

All members of the Delaware National Guard will be entitled to receive an annual briefing on the state-sponsored life insurance benefit program.

80 Del. Laws, c. 387, § 3.;