CHAPTER 159

WILMINGTON EMPLOYEES RETIREMENT ACT

AN ACT TO AMEND CHAPTER 237, VOLUME 46, LAWS OF DELAWARE AS AMENDED, ENTITLED "CITY OF WILMINGTON EMPLOYEES' RETIREMENT ACT".

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

Section 1. The words "aggregating not more than five years" wherever they appear in Chapter 237, Volume 46 Laws of Delaware, as amended, are hereby stricken and repealed in order to remove any limitation on the duration of allowable interruptions from continuous covered employment.

Section 2. Section 3, of Chapter 237, Volume 46, Laws of Delaware, as amended, is amended by striking out the first paragraph thereof and substituting in lieu thereof a new first paragraph to read as follows:

Section 3. COVERED EMPLOYEE DEFINED: An employee shall be considered in "covered employment" within the meaning of this Act while the employee receives a regular salary or wages wholly or in part directly or indirectly from the Treasurer of the City of Wilmington or any Department or Agency thereof (except the Board of Public Education in Wilmington), or from the County Treasurer of New Castle County, or the State Treasurer of the State of Delaware; provided, however, that an employee shall not be considered in covered employment if he is a part-time or seasonable employee who is not regularly employed for more than one hundred twenty (120) working days in any one calendar year, or if his only employment is as a member of the following Boards or Commissions: Board of Directors of the Street and Sewer Department, Board of Harbor Commissioners, Board of Health, Board of Park Commissioners, Department of Motor Vehicles, Board of Water Commissioners, Department of Public Safety, Public Building Commission, Planning Commission, New Castle County Department of Elections, Sinking Fund Commissioners and Zoning Commission.

All elective officials and all other persons appointed to public office and who are paid compensation by the aforementioned officers shall be considered as "covered employees" and as persons in "covered employment", anything to the contrary herein otherwise notwithstanding.

Section 3. Section 5 of Chapter 237, Volume 46, Laws of Delaware, is amended to read as follows:

Section 5. Pension Benefits: Any pension payable under this Act shall be subject to the limitation that the monthly pension payment shall not exceed Two Hundred Fifty Dollars ($250.00) nor be less than One Hundred Fifty Dollars ($150.00). The monthly pension payment shall be one-fortieth of the monthly retiring base pay, multiplied by the number of years (a fractional period of six months or more shall be counted as one year and less than six months shall not be counted) which the employee shall have served in covered employment during the period that ends on the date of retirement and includes no interruptions.

Monthly retiring base salary means 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. For the purpose of this section, a vacation allowed an employee shall be regarded as time spent in covered employment.

Section 4. Section 15 of Chapter 237, Volume 46, Laws of Delaware, as amended, is amended by striking out all of the first paragraph thereof and by inserting in lieu thereof a new first paragraph to read as follows:

Section 15. The monthly retirement and disability benefits for such employees as shall regularly receive part of their compensation from the City of Wilmington and New Castle County or in alternate periods shall receive regular compensation from the City of Wilmington or New Castle County, shall be one-half of the monthly retiring base pay, divided by forty, multiplied by the number of years in which such employee shall have served in covered employment; in case the total combined monthly retirement or disability benefits calculated under the provisions of this Act and the Act for the retirement of employees of New Castle County be less than One Hundred Fifty Dollars ($150.00) or more than Two Hundred Fifty Dollars (V50.00), then in lieu of such payment as herein calculated, the said employee shall receive under this chapter not less than Seventy-five Dollars ($75.00) And not more than One Hundred Twenty-five Dollars ($125.00) as a monthly retirement or disability benefit.

Section 5. All Acts or parts of Acts inconsistent with the provisions of this Act are repealed only to the extent of such inconsistencies.

Approved June 17, 1957.