CHAPTER 92

RELATING TO STATE EMPLOYEES' PENSION PLAN

AN ACT TO AMEND CHAPTER 55, TITLE 29 OF THE DELAWARE CODE RELATING TO CERTAIN DEFINITIONS CONTAINED IN THE STATE EMPLOYEES' PENSION PLAN.

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

Section 1. § 5501, Title 29 of the Delaware Code is amended by striking out the first three paragraphs thereof and inserting in lieu thereof the following:

"Covered Employee" means an employee who shall be in covered employment on the date of retirement who shall have served in covered employment for at least 15 years during the period that ends on the date of retirement. The time spent by State employees in the armed services of the United States, or in the auxiliaries of such services in time of war or when called into Federal service by operation of Federal law, shall be credited to each such employee as time actually spent in covered employment in this State.

Section 2. § 5501, Title 29 of the Delaware Code is further amended by striking out the definition of "Monthly retiring base salary" and inserting in lieu thereof a new definition as follows :

"Monthly retiring base salary" means :

(1) In the case of an employee who qualified for benefits under the provisions of this act, the salary for covered employment paid to the employee for those 60 months of covered employment which are most nearly consecutive and during which the employee received the highest salary or wage divided by 60.

(2) The term "base salary" as used in the term "monthly retiring base salary" shall mean any regular salary or wage as heretofore mentioned; the value of such subsistence, including room and board, which shall have been a part of the employee's regular compensation; and any cost of living salary or wage supplements, provided such were granted without distinction throughout the department, agency, or district, and were in effect for a period of at least one year.

Approved May 11, 1955.