CHAPTER 195

RELATING TO SOCIAL SECURITY

AN ACT TO ESTABLISH A STATE EMPLOYEES' PENSION PLAN TO SUPPLEMENT BENEFITS PAYABLE UNDER THE SOCIAL SECURITY ACT.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 29, Delaware Code of 1953 is amended by adding thereto a new chapter to be known as "Chapter 55. State Employees' Pension Plan" the said new chapter to be Chapter 55, Title 29, Delaware Code of 1953 as it existed on August 31, 1953 as amended and with the amendments contained herein.

Section 2. § 5502, Chapter 55, Title 29, Delaware Code of 1953 is amended so as to add the following subsection (c):

(c) The State Treasurer is authorized to require submission by any covered employee or pensioner of such information or such documents as he shall find necessary for the proper administration of this chapter. Where he has reason to believe that an applicant for pension or a pensioner may be eligible for old age insurance benefits under the Federal Social Security Act, the State Treasurer shall require that evidence of application and of notice of award under the Federal Social Security Act shall be submitted promptly to him. Failure to make such submission shall result in postponement of any pension payments under this chapter until these requirements have been met. An initial or amended award of benefits under the Federal Social Security Act shall be promptly reported by the pensioner to the State Treasurer. Willful withholding of information as to receipt of Federal Social Security benefits by a pensioner in order to increase the amount of his pension shall cause him to forfeit all his rights and benefits under this chapter.

Section 3. § 5523, Chapter 55, Title 29, Delaware Code of 1953 is amended to read as follows:

§ 5523. Amount of benefits

The pension shall be payable monthly and, subject to the limitation that the monthly payment shall not exceed $250 nor be less than $75, the monthly payment shall be one-sixtieth of the monthly retiring base salary multiplied by the number of years taken to the nearest twelfth part' of a year, which the employee shall have served in covered employment during the period that ends on the date of retirement, that includes no interruptions from continuous covered employment except allowable interruptions aggregating not over 5 years.

Section 4. § 5524, Chapter 55, Title 29, Delaware Code of 1953 is amended to read as follows:

§ 5524. Federal Social Security

Benefits provided by this chapter shall be reduced to the extent of the old age insurance benefits (as such term is used in the Federal Social Security Act) paid to the pensioner.

Section 5. The increased benefits provided 'under this Act shall apply also to all persons entitled to State pensions under Chapter 55, Title 29, Delaware Code of 1953 as of August 31, 1953.

Section 6. The effective date of this Act is October 2, 1953.

Approved June 29, 1953.