Bill Text: DE HB289 | 2023-2024 | 152nd General Assembly | Draft
Bill Title: An Act To Amend Title 18 And Title 29 Of The Delaware Code Relating To Burial Benefits.
Spectrum: Slight Partisan Bill (Democrat 12-4)
Status: (Introduced) 2024-03-19 - Assigned to Appropriations Committee in House [HB289 Detail]
Download: Delaware-2023-HB289-Draft.html
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SPONSOR: |
Rep. Carson & Sen. Brown |
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Reps. Bolden, Heffernan, Morrison, Michael Smith, Yearick; Sens. Hansen, Hocker, Huxtable, Mantzavinos, Walsh, Wilson |
HOUSE OF REPRESENTATIVES
152nd GENERAL ASSEMBLY
HOUSE BILL NO. 289
AN ACT TO AMEND TITLE 18 AND TITLE 29 OF THE DELAWARE CODE RELATING TO BURIAL BENEFITS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 5546, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 5546. Burial benefits.
(a) Upon On the death of an individual receiving a pension under this chapter the sum of $7,000 shall $8,000 must be paid from the Fund to a designated beneficiary or or, in the absence of a designated beneficiary beneficiary, the amount of this benefit shall must be paid to the deceased pensioner’s estate.
Section 2. Amend § 6750, Title 18 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 6750. Funeral expenses for deceased volunteer firefighters.
(a) The reasonable funeral expenses of a deceased member of a volunteer fire company, volunteer fire company ladies auxiliary auxiliary, or volunteer ambulance and rescue company shall must be paid in amount not to exceed $7,000. the amount of $8,000.
(b) If the deceased member of such company was a state employee entitled to a funeral benefit, this chapter shall not apply. A For the purpose of this chapter, a member of a volunteer fire company, volunteer fire company ladies auxiliary auxiliary, or volunteer ambulance and rescue company for the purposes of this chapter is one is an individual who has served as an active member of such the organization in Delaware for at least 10 years.
(c) If an individual eligible for funeral expenses under this chapter was a state employee entitled to a benefit under § 8331 of Title 11, § 8395 of Title 11, § 8846 of Title 11, § 5316 of Title 29, or § 5546 of Title 29, the individual is also eligible for the benefit under this chapter.
Section 3. This Act takes effect on October 1, 2024.
SYNOPSIS
Section 1 of this Act increases the burial benefit for individuals eligible to receive a pension under the State Employees’ Pension Plan (Chapter 55 of Title 29 of the Delaware Code) from $7,000 to $8,000. The burial benefit has not been increased since 2001 (See 73 Del. Laws, c. 146, § 5). This increase will also apply to funeral benefits that reference the amount in this section.
Section 2 of this Act increases the funeral expenses paid for a deceased member of a volunteer fire company, volunteer fire company ladies auxiliary, or volunteer ambulance and rescue company from $7,000 to $8,000. This burial benefit has not been increased since 2004 (See 74 Del. Laws, c. 339, § 1).
Consistent with a legal interpretation of the existing law by state agencies, this Act continues to enable the payment of funeral expenses for the funeral of a deceased member of a volunteer fire company, volunteer fire company ladies auxiliary, or volunteer ambulance and rescue company even if the member was also a state employee entitled to burial benefits under § 8331 of Title 11, § 8395 of Title 11, § 8846 of Title 11, § 5316 of Title 29, or § 5546 of Title 29. However, this Act makes changes to existing law to make this legal interpretation clear and to specifically identify the state employee burial benefits to which this provision applies.
This Act takes effect on October 1, 2024, to provide time to implement this Act after the enactment of the fiscal year 2025 appropriations act containing the funding for this Act.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
