CHAPTER 722

AN ACT TO AMEND CHAPTER 118, VOLUME 33, LAWS OF DELAWARE, AS AMENDED, ENTITLED "AN ACT PROVIDING FOR A FIREMEN'S PENSION FUND FOR MEMBERS OF THE BUREAU OF FIRE OF THE DEPARTMENT OF PUBLIC SAFETY OF THE CITY OF WILMINGTON, AND THE AMENDMENTS THERETO, BY PERMITTING ANTHONY L. AUGUSTYNOWICZ, A MEMBER OF THE WILMINGTON BUREAU OF FIRE, TO BECOME ELIGIBLE FOR PENSION BENEFITS AS PROVIDED FOR MEMBERS OF THE BUREAU OF FIRE OF THE DEPARTMENT OF PUBLIC SAFETY OF THE CITY OF WILMINGTON."

WHEREAS, Anthony L. Augustynomicz joined the Wilmington Bureau of Fire on August 16, 1945, but failed to agree voluntarily to accept the provisions of Volume 33, Chapter 118, Laws of Delaware, as amended, prior to July 1, 1951, thus losing his eligibility for pension benefits thereunder as a member of the Wilmington Bureau of Fire; and

WHEREAS, it is the wish and desire of said Anthony L. Augustynowicz to be permitted to come within the provisions of the aforesaid statute, as amended, in order to provide for pension benefits to him as a member of the Wilmington Bureau of Fire;

NOW, THEREFORE,

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the members elected to each branch thereof concurring therein):

Section 1. That Chapter 118, Volume 33, Laws of Delaware, as amended, be and the same is hereby further amended by adding at the end thereof a new Section 9A to read as follows:

"Section 9A. The provisions of this Act relating to the necessity of members of the Bureau of Fire of the Department of Public Safety of the City of Wilmington to agree voluntarily to accept the provisions of the pension statutes herein provided between April 16, 1945, and July 1, 1951, shall not be applicable to Anthony L. Augustynowicz, member of the Wilmington Bureau of Fire, and said member shall be eligible for pension benefits as set forth in this Act upon his giving proper notice to persons charged with the administration of the pension fund of his desire to be included therein and upon his applying and qualifying therefor.

To qualify under this Act, Anthony L. Augustynowicz must pay to the firemen's pension fund referred to in this section a sum equal to four percent (4% ) of the salary received by the said Anthony L. Augustynowicz in each year since August 16, 1945."

Section 2. The pension benefits conferred hereby shall become effective on July 1, 1970, and shall not be awarded retroactively.

Approved July 19, 1970.