CHAPTER 197

RELATING TO EMPLOYEES PENSION PLAN

AN ACT TO REPEAL CHAPTER 55 OF TITLE 29 OF THE DELAWARE CODE OF 1953 RELATING TO THE EMPLOYEES' PENSION PLAN; TO CONTINUE CERTAIN PENSION RIGHTS; TO APPROPRIATE CERTAIN FUNDS.

WHEREAS, it is the policy of this General Assembly to extend to employees of this State the basic protection accorded to others by the old-age and survivors' insurance system embodied in the Federal Social Security Act; and

WHEREAS, under existing law it is impossible to obtain Social Security benefits for State employees already covered by a State pension system; NOW, THEREFORE

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

Section 1. Subject to the other provisions of this act, Chapter 55 of Title 29, Delaware Code of 1953 as amended is repealed as of September 1, 1953.

Section 2. The repeal of Chapter 55 of Title 29, Delaware Code of 1953 is subject to the following provisos:

(a) Any person retired for service under such chapter and receiving or entitled to receive benefits thereunder prior to its repeal, shall continue to receive the same or shall continue to be entitled to receive the same to the same extent and in the same manner as if such chapter had not been repealed, but no services performed by any such person after August 31, 1953 shall be considered covered employment for purposes of this section.

(b) Any person retired for disability under such chapter and receiving benefits or entitled to receive benefits thereunder prior to its repeal, including any person covered by section 5541, Title 29, Delaware Code of 1953, shall, so long as he continues to meet the tests therefor prescribed in such chapter, continue to receive the same or shall continue to be entitled to receive to the same extent and in the same manner as if such chapter had not been repealed. At such time as he shall cease to meet such requirements his benefits shall cease and as to him the chapter shall have no further application.

(c) The State Treasurer is continued as the chief administrative officer of the chapter repealed hereby, and the Disability Commission established under said chapter is continued for the purposes of supervising the items specified in this section.

Approved June 29, 1953.