Bill Text: DE SB215 | 2011-2012 | 146th General Assembly | Draft
Bill Title: An Act To Amend Title 11 Of The Delaware Code Relating To The County And Municipal Police/firefighter Pension Plan.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2012-07-27 - Signed by Governor [SB215 Detail]
Download: Delaware-2011-SB215-Draft.html
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SPONSOR: |
Sen. Marshall & Rep. Mitchell |
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DELAWARE STATE SENATE 146th GENERAL ASSEMBLY |
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SENATE BILL NO. 215 |
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AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN. |
Section 1. Amend Chapter 88, Title 11 of the Delaware Code by adding a new §8821A to read as follows:
§8821A. Amount of ordinary service or disability pensions.
Notwithstanding provisions of this chapter to the contrary, an employee may elect to have his or her service or disability pension computed under this Chapterreduced by 3% thereby providing a survivor's pension equal to 75% of such reduced amount to the employee's eligible survivor or survivors at the time of the employee's death. This election must be made in a form approved by the Board, filed prior to the issuance of his or her first benefit check and shall be irrevocable.
Section 2. Amend §8822 (a) and (b), Title 11 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
§8822. Ordinary survivor's pension.
(a) Upon the death
of a member in service, a monthly survivor's pension shall be payable to his
or her eligible survivor or survivors equal to 3/4 of the service pension the
employee would have been eligible to receive had he or she elected the option
provided under §8821A of this title. the primary survivor equal to one
half of the member's final average compensation.
(b) Upon the death
of a retired member an individual receiving a service or disability
pension at the time of his or her death, a monthly survivor's pension shall
be payable to the primary survivor and surviving dependents equal to the
greater of (i) 50% of such service or disability pension, or (ii) if such
pension was computed under the provisions of §8821A of this title, 75% of such
service or disability pension. one half of such service or disability
pension. If the primary survivor is the surviving spouse, such person must
have been married to the deceased member
(1) Prior to retirement, or
(2) For at least 1 year before the date of death, unless the death was the result of an accident.
SYNOPSIS
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Under this bill full-time county and municipal police officers and full-time uniformed firefighters in the City of Wilmington could elect to have their pension or disability pensions reduced by 3% and thereby increase the survivor's pension from 50% to 75%. |
Author: Sen. Marshall
