§ 182 — Disability and death benefits for injury or death occurring in service of the State

(a) As used in this section, the phrase “service of the State” includes duty pursuant to § 171 of this title as well as attendance at military school under proper orders, participating in armory drill, special ceremonies and field training unless otherwise designated by the United States government.

(b) If any officer or soldier belonging to any regiment, company, or detachment of the Delaware National Guard is wounded or disabled in the service of the State when called into such service, the member shall receive compensation from the State at the rate provided in Chapter 23 of Title 19 for the type of injuries sustained.

(c) If any officer or enlisted member of the Delaware National Guard is killed in the service of the State, a pension shall be awarded to the spouse or next of kin, as the case may be, in accordance with the provisions of § 2330 of Title 19.

(d) Such compensation or pension shall be based either upon civilian earning capacity or wages or upon military pay scale, whichever is greater.

(e) Any such compensation or pension shall be paid by the State Treasurer from any moneys not otherwise appropriated upon warrants therefor signed by the Adjutant General and countersigned by the Governor.

Legislative History

20 Del. Laws, c. 392, § 45 ; Code 1915, § 314; 32 Del. Laws, c. 22, § 1 ; Code 1935, § 288; 47 Del. Laws, c. 329, § 8 ; 20 Del. C. 1953, § 182; 64 Del. Laws, c. 258, § 1