CHAPTER 189

AN ACT RELATING TO STATE PENSIONS BY PERMITTING CERTAIN RECIPIENTS OF STATE PENSIONS TO RECEIVE OTHER COMPENSATION FROM THE STATE.

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

Section 1. § 5508, Title 29, Delaware Code, is amended to read:

§ 5508. Employment of pension beneficiaries by the State; exceptions

(a) No person shall receive a pension under this chapter while being employed by this State in any capacity unless he serves in his employment without pay; provided, however, that nothing in this section shall prevent a person from receiving any pension he may be entitled to under the provisions of this chapter and at the same time receiving the compensation provided for by law for (1) officials elected by popular vote at a regular State election, (2) officials appointed by the Governor or (3) employment as a qualified substitute school employee for a period no longer than the time provided under the Federal Social Security Act each year within the schools of the State.

(b) Nothing in this section shall prevent the employment by the State, as a registration or election official or as a juror, any person receiving a State pension. Persons so employed may receive the compensation provided by law without deduction from their State pension.

Section 2. § 8323, (c) Title 11, Delaware Code, is amended to read:

(c) No person shall receive a pension under this section while being employed by this State in any capacity unless he serves in his employment without pay; provided, however, that nothing in this section shall prevent a person from receiving any pension he may be entitled to under the provisions of this chapter and at the same time receiving the compensation provided for by law for (1) officials elected by popular vote at a regular State election, (2) officials appointed by the Governor or (3) employment as an emergency State Policeman in an emergency situation as determined by the Superintendent of State Police for a period no longer than the time provided under the Federal Social Security Act each year.

Section 3. § 8323, Title 11, Delaware Code, is amended by adding thereto a new subsection to read:

(f) Nothing in this section shall prevent the employment by the State as a registration or election official or as a juror, any person receiving a State pension. Persons so employed may receive the compensation provided by law without deduction from their State pension.

Approved December 7, 1965.