HB 289 — AN ACT TO AMEND TITLE 18 AND TITLE 29 OF THE DELAWARE CODE RELATING TO BURIAL BENEFITS.

Summary

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 $8,000. The burial benefit has not been increased since 2001 (See 73 Del. Laws, c. 146, § 5). This increase will also apply to funeral benefits that reference the amount in this section. 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. This burial 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, 2024, to provide time to implement this Act after the enactment of the fiscal year 2025 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.

Bill Text

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This bill increases burial and funeral benefits from $7,000 to $8,000 for certain pensioners and volunteer firefighters in Delaware.

• § 5546, Title 29

  $7,000 shall → $8,000 must

  The amount paid to designated beneficiaries upon the death of pension recipients is increased from $7,000 to $8,000.

• § 5546, Title 29

  the amount of this benefit shall must be paid to the deceased pensioner’s estate. → the amount of this benefit shall must be paid to the deceased pensioner’s estate.

  Clarifies the payment process to the estate of a deceased pensioner.

• § 6750, Title 18

  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 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 $8,000.

  Increases the maximum funeral expense benefit for certain volunteers from $7,000 to $8,000.

• § 6750, Title 18

  in amount not to exceed $7,000. → in amount not to exceed $8,000.

  Updates the maximum amount for funeral expenses in line with increased benefits.

Action History

1. March 19, 2024

   Assigned to Appropriations Committee in House

2. March 13, 2024

   Reported Out of Committee (Administration) in House with 3 Favorable, 2 On Its Merits

3. January 17, 2024

   Introduced and Assigned to Administration Committee in House

Sponsors

• David L. Wilson · Primary
• John "Jack" Walsh · Primary
• Kendra Johnson · Primary
• Lyndon D. Yearick · Primary
• Michael F. Smith · Primary
• Eric Morrison · Primary
• Spiros Mantzavinos · Primary
• Russell Huxtable · Primary
• Kerri Evelyn Harris · Primary
• Darius J. Brown · Primary
• William J. Carson · Primary
• Stell Parker Selby · Primary
• Sean Matthews · Primary

Subjects