CHAPTER 215

RELATING TO STATE EMPLOYEES PENSION PLAN

AN ACT TO AMEND CHAPTER 55, TITLE 29 OF THE DELAWARE CODE RELATING TO ELIGIBILITY AND BENEFITS BASED UPON MILITARY SERVICE OF CERTAIN SCHOOL EMPLOYEES AND EMPLOYEES OF THE DEPARTMENT OF PUBLIC INSTRUCTION IN THE STATE EMPLOYEES PENSION PLAN.

WHEREAS, Under present regulations for the payment of salaries paid to teachers in the Public School Districts and the State Department of Public Instruction credit for experience is allowed for military service rendered during time of war or national emergency when such service preceded initial teaching service in Delaware ; and

WHEREAS, computation for the payment of benefits under the Federal Social Security Act does include all time spent in the military service ; and

WHEREAS, Federal Social Security is now an integral part of the Delaware State Employees Pension Plan ; but

WHEREAS, under present law the State of Delaware does not accredit military service toward eligibility for pension or for the computation of retirement income when such service preceded initial employment as a teacher, now therefore :

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

Section 1. Chapter 55, Subchapter II, Title 29 of the Delaware Code is amended by adding thereto the following new section to be known as Section 5526:

§ 5526. Additional benefits for military service

In determining the number of years of service for establishing eligibility and the computation of benefits in Section 5523 of this chapter in the case of a teacher, principal, super-

visor, administrative assistant, superintendent, or school nurse in all School Districts, Special School Districts, Board of Public Education of the City of Wilmington, State Board of Education, University of Delaware, and Delaware State College, time may be credited for the eligibility and computation if the employee shall have been on full time active duty in the Armed Services of the United States during time of war or national emergency and upon completion of the tour of duty shall have either :

(a) begun teaching in Delaware or

(b) completed a course of training in preparation for teaching and then begun teaching in Delaware.

Benefits granted under this section are subject to the following limitations:

(1) No time shall be so credited to the teacher or other person heretofore mentioned if he had taken up work other than teaching or attendance at a school or college upon discharge from the Armed Forces and had remained in such work more than one year before beginning his teaching. No time spent in a school or college shall be accredited under this section.

(0) Time credited under this section may be considered as time in covered employment when the teacher is establishing his eligibility to retire on the basis of 30 years of service to the State of Delaware.

(1) In the case that eligibility is to be based upon 15 years of service and the minimum optional age for retirement established in this chapter or upon 15 years of service and a disability as defined in this chapter, the time credited shall be credited only for computation of benefits and not for initial eligibility to retire.

(2) Time so credited for eligibility or computation of retirement shall not exceed three years.

Approved June 8, 1955.