CHAPTER 169

FORMERLY HOUSE BILL NO. 365

AN ACT TO REPEAL CHAPTER 17, TITLE 9, DELAWARE CODE, RELATING TO PENSIONS FOR EMPLOYEES OF NEW CASTLE COUNTY AND PROVIDING FOR ESTABLISHMENT OF A PENSION PLAN FOR EMPLOYEES OF NEW CASTLE COUNTY BY NEW CASTLE COUNTY.

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

Section 1. New Castle County may by ordinance establish a contributory funded pension program. Upon the establishment of a contributory funded pension program, any existing employee of New Castle County who elects to participate in said program and all employees hired after the effective date of said program who are covered by said program shall be entitled to the benefits for which they qualify under this chapter. Existing employees of New Castle County who do not elect to participate in said program and former employees and retired employees of New Castle County shall be entitled to the benefits for which they qualify under Section 2 of this Act.

Section 2. New Castle County shall within ninety (90) days after enactment of this Act by ordinance provide a pension plan for existing employees of New Castle County who do not elect to participate in the pension program authorized by Section 1 of this Act and for former employees and retired employees of New Castle County which shall provide the benefits heretofore provided under Chapter 17, Title 9, Delaware Code.

Section 3. Chapter 17, Title 9, Delaware Code, is hereby repealed effective ninety (90) days after enactment of this Act; provided that nothing in Section 2 or 3 of this Act or in any ordinance adopted pursuant to this Act, shall reduce the pension or pension rights of any existing employee or former employee or retired employee of New Castle County as provided in Chapter 17, Title 9, Delaware Code.

Approved June 25, 1971.