CHAPTER 105 - STATE EMPLOYEES PROVIDING FOR LEAVE OF ABSENCE TO PERSONS IN ARMED FORCES

AN ACT TO AMEND AN ACT ENTITLED "AN ACT GRANTING LEAVE OF ABSENCE TO EMPLOYEES OF THE STATE AND PRESERVING THEIR RIGHT TO PRIORITY AND ADVANCEMENT IN CERTAIN CASES," BEING CHAPTER 84 OF VOLUME 43, LAWS OF DELAWARE 1941, BY PROVIDING THAT TIME SPENT IN ARMED SERVICES BY STATE EMPLOYEES SHALL ACCRUE TO EMPLOYEES' BENEFIT IN ASCERTAINING PENSION RIGHTS AND MAKING THE PROVISIONS OF THIS ACT RETROACTIVE.

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

Section 1. That Chapter 84 of Volume 43, Laws of Delaware 1941, be and the same is hereby amended by changing the period at the end of the first sentence to a semicolon and adding the following:

Provided, nevertheless, that in the event that any state employee who shall have entered the armed services as herein-before provided shall have been employed in any agency of the state government having a pension plan for employees or which shall come under any pension plan enacted or to be enacted by the legislature of the State of Delaware, the time spent by such employee in the armed services shall accrue to his benefit in establishing his right to a pension; and further provided that if during the time any such employee shall be in the armed services, his total time spent actually as an employee plus the time spent in the armed services shall equal that period of time necessary to establish his right to retirement and to a pension, he shall upon application to the proper agency having jurisdiction be entitled to retirement and the pension prescribed by the rules of that agency in the same manner and with the same effect as if he had spent all of the required time in the actual employment of that agency. It is further provided that this Act shall be retroactive to protect the rights of any employee who shall have qualified as herein provided prior to the passage of this Act and he shall be entitled to all such pension money as shall have accrued since the time of his having so qualified.

Approved April 24, 1945.