SPONSOR:

Rep. Oberle & Rep. Ewing

& Sen. Adams; Reps. Van Sant, B. Ennis

HOUSE OF REPRESENTATIVES

141st GENERAL ASSEMBLY

HOUSE BILL NO. 385

AN ACT TO AMEND CHAPTER 83, TITLE 11 OF THE DELAWARE CODE RELATING TO THE SURVIVORS' ELIGIBILITY FOR PENSION BENEFITS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 8325, Chapter 83, Title 11 of the Delaware Code by striking therefrom the words "Such pension to such widow shall be discontinued in the event that such widow shall remarry; and" and by capitalizing the first letter of the word "such" as it appears immediately following the deleted portion of said sentence.

Section 2. Amend Section 8372, Chapter 83, Title 11 of the Delaware Code by striking therefrom the words "or marries".

Section 3. Any pension to a surviving spouse that has been discontinued as a result of remarriage shall be reinstated as of July 1, 2002 at the same rate that the surviving spouse was receiving prior to his or her remarriage.

SYNOPSIS

This Act serves to retain the eligibility for pension benefits of surviving spouses of State Police Officers who remarry. Spouses of State employees of other agencies generally remain eligible for pension benefit regardless of marital status.