CHAPTER 44

STATE EMPLOYEES

PROVIDING FOR PENSIONS IN SPECIAL CASES

AN ACT TO AMEND "AN ACT PROVIDING FOR THE PAYMENT OF PENSION BENEFITS TO CERTAIN STATE EMPLOYEES, FIXING AGES OF RETIREMENT, ESTABLISHING BENEFITS PAYABLE AND THE SOURCE OF PAYMENT THEREOF, PROVIDING FOR APPLICATIONS FOR PENSIONS AND THE PROCEDURE TO BE FOLLOWED WITH RESPECT THERETO, PROVIDING THAT PENSION BENEFITS SHALL BE FREE OF ATTACHMENT AND NON-ASSIGNABLE, AND ALSO PROVIDING FOR THE REDUCTION OF BENEFITS UNDER CERTAIN CONDITIONS," BEING CHAPTER 104 OF VOLUME 45, LAWS OF DELAWARE, AS AMENDED, RELATING TO THE MANNER OF DETERMINING PENSION PAYMENTS.

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

Section 1. That Chapter 104, Volume 45, Laws of Delaware be and the same is hereby amended by striking out all of Section 2 of said Chapter and inserting in lieu thereof the following new section:

Section 2. ELIGIBILITY; OPTION:--Every covered employee of the State of Delaware, now or hereafter employed, may, at the option of employee and or the option of the employing agency, be retired after such employee shall have served in covered employment for thirty years, or on or after attaining the age of sixty years, and shall after retirement during the remainder of his or her life receive the pension fixed by this Act, subject to such qualifications and reservations as are herein contained. After having attained the age of sixty years a covered employee may continue active work at the option of the head of the department or agency by which he or she is employed up to the age of seventy years, at which time retirement shall be mandatory for covered employees. Nothing in this Act contained shall be construed to make mandatory the retirement of any employee who is not in 'covered employment' as such term is hereinafter defined.

Approved May 6, 1949.