CHAPTER 444

PENSION BENEFITS FOR WILMINGTON EMPLOYEES

AN ACT TO AMEND CHAPTER 237, 46 LAWS OF DELAWARE, AS AMENDED, RELATING TO PENSION BENEFITS TO EMPLOYEES OF THE MAYOR AND COUNCIL OF WILMINGTON.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the Members of each Branch concurring therein):

Section 1. Section 11, Chapter 237, Volume 46, Laws of Delaware, is repealed and a new section to be known as Section 11 be inserted in lieu thereof to read as follows :

Section 11. In the event that an employee while in covered employment shall become eligible for Old Age Insurance Benefits (as such term is used in the Federal Social Security Act), the amount to which the employee upon retirement shall be eligible to receive under the provisions of this Act shall be reduced by an amount equal to the benefits payable to the employee under the Federal Social Security Act.

Section 2. Chapter 237, Volume 46, Laws of Delaware, as amended, is further amended by adding at the end a new section to be known as Section 18 to read as follows :

Section 18. The City 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 City 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 City Treasurer. Wilful 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.

Approved July 14, 1955.

Section 4. § 5701, Title 29, Delaware Code, is amended by striking out the paragraph defining the term "Federal Insurance Contributions Act" and substituting in lieu thereof the following paragraph:

The term "Federal Insurance Contributions Act" means subchapter