CHAPTER 88

AN ACT TO AMEND CHAPTER 138, VOLUME 41, LAWS OF DELAWARE, 1937, ENTITLED AN ACT TO REINCORPORATE THE TOWN OF CLAYTON, PROVIDING FOR THE ESTABLISHMENT OF A SYSTEM OF PENSIONS.

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

Section 1. Section 7, Chapter 138, Volume 41, Laws of Delaware, is amended by adding thereto a paragraph as follows:

Section 2. The Town of Clayton is hereby authorized, empowered and permitted to establish a system of pensions or benefits through group insurance or otherwise as may be found proper and necessary, providing for life, accident, health, hospitalization and death benefits, or any or either of them, for the regular employees of the said "The Town of Clayton". The said "The Town of Clayton" is hereby authorized, empowered and permitted to enter into an agreement or agreements with one or more insurance companies to provide a group insurance plan or plans, as may be required or proper to carry out such system of pensions or benefits. The election to exercise such authority on the part of the Town shall be evidenced by an ordinance or resolution duly adopted by the Council of the Town of Clayton as other ordinances or resolutions are adopted, and the same shall be recorded in the official minutes of the said Council. Such ordinance or resolution shall provide for and establish a fund for the payment of the costs of such pension system or benefits by making appropriations out of the Treasury of the said "The Town of Clayton", or by requiring contributions payable from time to time by the employees included in such plan or plans, or by a combination of both, or by any other method not prohibited by law. The participation in any plan adopted shall be entirely voluntary on the part of any employee at all times. All payments and benefits paid and allowed under any plan authorized by this Act shall be in addition to and in no manner in lieu of the provisions of the Delaware Workmen's Compensation Act.

The Town Council shall have power to enact ordinances for a pension or retirement system for the police of the Town of Clayton, and to set aside a special fund for that purpose which fund shall be administered in accordance with ordinances made and provided in that behalf and the Laws of the State of Delaware.

Approved June 16, 1961.