Delaware General Assembly

House Administration 1/9/25

Committee Hearing takes place within twelve legislative days.

1/9/25

Carson

Sen. Brown

Reps. Cooke, Gray
Sen. Hoffner, Huxtable, Poore, Walsh

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

Section 1 of this Act increases the burial benefit under the State Employees' Pension Plan from $7,000 to $8,000. The amount of this benefit has not been increased since 2001 (See 73 Del. Laws, c. 146, § 5). Section 1 directly increases the amount of the burial benefit for individuals receiving a pension under the State Employees’ Pension Plan, § 5546 of Title 29, and also increases the funeral benefits under additional pension plans because the amount of the benefits under the following pension plans is the same as the amount under § 5546 of Title 29: • The State Police Pension Plan, Chapter 83 of Title 11. • The Delaware County and Municipal Police and Firefighter Pension Plan, Chapter 88 of Title 11. • The early retirement option for state employees, Chapter 53 of Title 29. In addition, Section 1 increases the reasonable funeral expenses permitted in a wrongful death action under § 3724(d)(4) of Title 10 because the maximum for these damages is the amount under § 5546 of Title 29. 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. The amount of this 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, 2025, to provide time to implement this Act after the enactment of the fiscal year 2026 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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