CHAPTER 31

APPROPRIATION

SALARY INCREASES

AN ACT MAKING APPROPRIATIONS FOR INCREASES IN THE SALARIES OF EMPLOYEES OF THE STATE FOR THE PERIOD BEGINNING APRIL 1, 1943 AND ENDING JUNE 30, 1943 AND FOR THE FISCAL YEARS BEGINNING JULY 1, 1943 AND JULY 1, 1944, AND ENDING JUNE 30, 1944 AND JUNE 30, 1945 RESPECTIVELY.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That there is hereby appropriated the sum of One Hundred Twenty-five Thousand Dollars ($125,000.00) for the period beginning April 1, 1943 and ending June 30, 1943, and the sum of Five Hundred Fifteen Thousand Dollars ($515,000.00) for the fiscal year beginning July 1, 1943 and ending June 30, 1944 and the sum of Five Hundred Fifteen Thousand Dollars ($515,000.00) for the fiscal year beginning July 1, 1944 and ending June 30, 1945 and the amounts hereby appropriated for each of said years shall be paid by the State Treasurer for the purposes and in the manner as hereinafter set forth.

Section 2. The State Treasurer is hereby directed to pay out of the sums appropriated in Section 1 of this Act, as an addition to the basic salary of certain State employees, amounts which shall in no case exceed the following in any one fiscal year, nor one-twelfth thereof in any one month, provided that no such additional sum shall cause the sum of any basic salary plus "Cost of Living Increase" to exceed a total annual payment of $3,000.00; (a) where the basic salary is $500.00 or more but not more than $1,200.00, an annual increase of $120.00; (b) where the basic salary is in excess of $1,200.00 but not more than $1,500.00 an annual increase of $150.00; (c) where the basic salary is in excess of $1,500.00 but not more than $3,000.00, an annual increase of $180.00; and nothing in this Act shall be construed to apply to or result in any addition to any basic salary in an amount less

than $500.00 ; provided, however, that if any State employee receives a cash salary of less than $500.00 but also receives as a part of the remuneration for his services board and lodging, such board and lodging shall be considered to be of a value of $1.00 per day, and the value of such board and lodging shall be added to his basic cash salary for the purpose of determining the salary increase under the provisions of this Act.

Section 3. The term "basic salary" shall include all salary payments over which any board, commission, department, state officer or other agency of the State of Delaware exercises control and includes on its payroll for payment by the State Treasurer. Any compensation for personal services in the nature of emoluments, fees, honorariums, and the like which is not ordinarily regarded as wages in the commonly accepted sense of the term is to be considered as salary for the purpose of determining the basic salary hereinabove defined for the purposes of this Act.

Section 4. Payments of salary made from moneys other than the revenue of the State of Delaware except when such moneys are appropriated by the United States government and which are included for accounting or other purposes on payroll forms submitted for payment by and paid by the State Treasurer for the month of October, 1942, shall be considered to be basic salary subject to the monthly addition of the amounts provided in Section 2 of this Act. The provisions of this Act for salary increases shall be construed to include basic salaries as would otherwise conform to the requirements of Section 3 even though the sources from which such salaries are paid are derived from the joint revenues of this State and any of its political subdivisions.

Section 5. In the event of the severance of employment by any State employe who would have otherwise been eligible for the salary increase as provided by this Act, the employment of any other person in his place or stead shall upon satisfactory proof of employment submitted to the State Treasurer render such person eligible to the salary increase herein provided, if the duties of such persons are of the same nature and the position in which he is employed is regularly constituted by a department, board or other agency and/or required or authorized by law.

Section 6. The provisions of this Act shall be deemed to apply to all school employes of this State and/or of any political subdivision of this State to whom any salary increase as provided in Sections 2 and 3 would be applicable if said school employees were paid entirely out of the moneys of the State.

Section 7. If salary is payable or paid to any State employe by one or more agency and/or political subdivision of the State for the purposes of this Act, the total salary shall be the sum of such salaries as if all such salaries were paid by a single employer for the purposes of determining the eligibility of any employe for the salary increase as hereinabove provided.

Section 8. Every board, department, officer or other agency shall on or before the first day of the month following the month in which this Act becomes effective, submit to the State Treasurer in such form as he shall prescribe a certified statement of all persons in its employ on October 31, 1942, if such persons are at present employed by said board, department, officer or other agency, and a list of persons so employed on October 31, 1942 who have since left such employment, and a list of positions existing but on said date vacant, and opposite each name and positions certify to the rate of salary paid, both monthly and annually from State moneys and from other sources, in separate columns.

Section 9. All acts or parts of acts inconsisent with this act are hereby repealed to the extent of such inconsistency only.

Approved February 23, 1943.