Delaware General Assembly

Lieu/Substituted 4/26/23

Adopted in Lieu of original; takes status of original

SS 2 for SB 42

1/27/23

Brown

Sen. Pinkney
Rep. Bolden

Sen. Gay, Hansen, Hoffner, Huxtable, Mantzavinos, S. McBride, Pettyjohn, Walsh, Wilson
Reps. Baumbach, Briggs King, Carson, Griffith, Lambert, S. Moore, Morrison, Parker Selby, D. Short, Michael Smith, Yearick

AN ACT TO AMEND TITLE 18 AND TITLE 29 OF THE DELAWARE CODE RELATING TO BURIAL BENEFITS.

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 $10,000. The burial benefit has not been increased since 2001 (See 73 Del. Laws, c. 146, § 5). As a result of the increase in burial benefit made by Section 1 of this Act, the burial benefit for individuals eligible to receive a pension under the State Police Pension Plan (Chapter 83 of Title 11 of the Delaware Code), Delaware County and Municipal Police and Firefighter Pension Plan (Chapter 88 of Title 11 of the Delaware Code), and the early retirement option for state employees (Chapter 53 of Title 29 of the Delaware Code), and the reasonable funeral expenses permitted in a wrongful death action under § 3724(d)(4) of Title 10 of the Delaware Code, are also increased as these are all linked to the burial benefit amount established under § 5546 of Title 29. Section 2 of this Act increases the burial benefit for a deceased member of a volunteer fire company, volunteer fire company ladies auxiliary, or volunteer ambulance and rescue company from $7,000 to $10,000. This burial benefit has not been increased since 2004 (See 74 Del. Laws, c. 339, § 1). Section 2 of this Act also provides that if a member of a volunteer fire company, volunteer fire company ladies auxiliary, or volunteer ambulance and rescue company is 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, the member is not eligible for benefits under § 6750 of Title 18. The funeral benefit created under § 6750 of Title 18 was created before the burial benefit was created for the State Police Pension Plan (Chapter 83 of Title 11 of the Delaware Code) and Delaware County and Municipal Police and Firefighter Pension Plan (Chapter 88 of Title 11 of the Delaware Code). This change updates § 6750 of Title 18 to recognize the existence of these other burial benefits. This Act takes effect on October 1, 2023, to provide time to implement this Act after the enactment of the fiscal year 2024 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.

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Takes effect upon being signed into law

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