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

Legislation Document

SPONSOR:

Rep. Carson & Sen. Brown

Reps. Cooke, Gray, Lambert; Sens. Hoffner, Huxtable, Poore, Walsh

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 2

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

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

Section 1. Amend § 5546, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 5546. Burial benefits.

(a)

Upon

On

the death of an individual receiving a pension under this chapter the sum of

$7,000 shall

$8,000 must

be paid from the Fund to a designated beneficiary

or

or,

in the absence of a designated

beneficiary

beneficiary,

the amount of this benefit

shall

must

be paid to the deceased pensioner’s estate.

Section 2. Amend § 6750, Title 18 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 6750. Funeral expenses for deceased volunteer firefighters.

(a)

The

reasonable

funeral expenses of a deceased member of a volunteer fire company, volunteer fire company ladies

auxiliary

auxiliary,

or volunteer ambulance and rescue company

shall

must

be paid in

amount not to exceed $7,000.

the amount of $8,000.

(b)

If the deceased member of such company was a state employee entitled to a funeral benefit, this chapter shall not apply. A

(1) An individual is eligible for funeral expenses under this chapter if the individual served, in this State, as an active

member of a volunteer fire company, volunteer fire company ladies

auxiliary

auxiliary,

or volunteer ambulance and rescue company

for the purposes of this chapter is one who has served as an active member of such organization in Delaware

for at least 10 years.

(2) The 10 years of service required under paragraph (b)(1) of this section includes years of service as an active member of 1 or more volunteer fire companies, volunteer fire company ladies auxiliaries, or volunteer ambulance and rescue companies in this State.

(c) If an individual eligible for funeral expenses under this chapter was a state employee entitled to a benefit under § 8331 of Title 11, § 8395 of Title 11, § 8846 of Title 11, § 5316 of Title 29, or § 5546 of Title 29, the individual is also eligible for the benefit under this chapter.

Section 3. This Act takes effect on October 1, 2025.

SYNOPSIS

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.