AN ACT TO AMEND CHAPTER 113, VOLUME 32, LAWS OF DELAWARE (1921) ENTITLED "AN ACT PROVIDING FOR A POLICE PENSION FUND FOR MEMBERS OF THE POLICE FORCE OF THE CITY OF WILMINGTON", AS AMENDED, BY CHANGING THE NUMBER OF YEARS OF SERVICE REQUIRED FOR A PENSION.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all the Members elected to each House concurring therein):
Section 1. That Section 1 of Chapter 113, Volume 32, Laws of Delaware, (1921), as amended by Chapter 149, Volume 43, Laws of Delaware (1941) is hereby further amended to read as follows:
Whenever a member of the police force of the City of Wilmington shall have become disabled or incapacitated while in the active performance of official duty and whenever any member of said force who has performed faithful continuous service as such member for a period of not less than fifteen years shall have become permanently incapacitated from performing such regular active duty, he may be retired by the Police Commissioners of the City of Wilmington from regular active service and placed upon the retired list, and all members of said force, who shall have performed faithful continuous service as such member for a period of at least twenty years shall, upon their own application, be placed upon the retired list, whether they are disabled or not. Each person so retired shall be entitled to receive from the fund herein established an amount equal to one-half of his salary at the time of his retirement, so long as he may remain upon the retired list, said sum to be paid monthly, provided said fund shall be sufficient for the payment of all persons entitled to receive same, and in case it shall not be sufficient for that purpose at any time, then the claim of all persons entitled shall abate proportionately, but said fund at no time shall be reduced below the sum of one hundred thousand dollars.
Any member of the Department of Public Safety who shall be compelled to perform compulsory military service in the armed forces of the United States under the .provisions of the Selective Training and Service Act of 1940, approved September 16, 1940, as it is at present provided, shall, during the period of such compulsory military service, be considered as also having been in the continuous service of the Department of Public Safety within the meaning of the Act providing for a Police Pension Fund, provided, however, that such member shall resume his active service with the Department of Public Safety upon the expiration of such compulsory military service, in accordance with the rules of the said Department.