CHAPTER 332

FORMERLY HOUSE BILL

NO. 585 AS AMENDED BY

HOUSE AMENDMENTS NO. 1 AND 2

AN ACT TO AMEND CHAPTER 83, TITLE 11 DELAWARE CODE, RELATING TO SALARIES FOR STATE POLICE AND STATE POLICE PENSIONS AND MAKING A SUPPLEMENTARY APPROPRIATION.

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

Section 1. Amend Chapter 83, Section 8303, Title 11, Delaware Code, by striking said section in its entirety and substituting in lieu thereof the following new section:

§ 8303. Salaries

Each of the State Police shall receive a salary in accordance with the following State Police compensation schedule:

[See table next page]

























Section 2. Amend Chapter 83, Section 8306, Title 11, Delaware Code, by striking the last sentence in said section in its entirety beginning with the words "The Department" and ending with the words "training school."

Section 3. Amend subsection (a), Section 8323, Title 11, Delaware Code, by striking it in its entirety and by substituting a new subsection (a):

§ 8323. Eligibility for pensions; employment of pension beneficiaries by the State; exceptions

(a) Any member of the State Police who has served as such for a period of 20 years, or who has reached the age of 55 years, shall be retired and shall thereupon receive monthly, from the Fund, an amount equal to one-half of the monthly salary received by such member at the time of retirement; provided, however, that members of the State Police retired prior to January 1, 1972, shall as of that date receive an amount equal to one-half of the monthly salary provided under this Act for an active duty officer of equivalent rank. Thereafter, pensions of retired State Police shall not be recomputed based on the salaries of active-duty State Police; provided further, however, that as of July 1, 1974, the monthly amount payable to retirees shall increase on July 1 of each year by any cumulative percentage increase in the National Consumer Price Index Average of the previous calendar year, when that increase reflects a change in excess of two (2) per centum. A cumulative percentage decrease in any calendar year shall not result in any reduction in the pension rates; however, before any increases shall become effective in subsequent years, the National Consumer Price Index Average must rise at least two (2) per centum in excess of its level at the time of the last previous increase in benefits.

Section 4. Amend Section 8324, Title 11, Delaware Code, by striking the remainder of the first paragraph following and including the proviso which begins with the words "provided, however," immediately following the phrase "injury or disease" as the same appears in the fourth sentence of § 8324, and substituting in lieu thereof the following proviso:

"Provided, however, that members of the State Police who by reason of permanent injuries received in the performance of their

duties and who for that reason have retired prior to January 1, 1972, shall as of that date receive an amount equal to three—fourths of the monthly salary provided under this Act for an active duty officer of an equivalent rank in accordance with Section 8326 of this title. Thereafter, pensions of State Police retired by reason of permanent injuries received in the performance of their duties shall not be recomputed based on the salaries of active duty State Police; provided further, however, that members of the State Police retired by reason of injury not received in the performance of their duties or disease prior to January 1, 1972, shall as of that date receive an amount equal to one-half of the monthly salary provided under this Act for an active duty officer of equivalent rank in accordance with Section 8326 of this title. Thereafter, pensions of State Police members retired by reason of injury or disease shall not be recomputed based on the salaries of active duty State Police; provided further, however, that as of July 1, 1974, the monthly amount payable to State Police retired by reason of permanent injuries received in the performance of their duties and by State Police retired by reason of other injury or disease shall increase on July 1 of each year by any cumulative percentage increase in the National Consumer Price Index Average of the previous calendar year, when that increase reflects a change in excess of two (2) per centum. A cumulative percentage decrease in any calendar year shall not result in any reduction in the pension rates; however, before any increases shall become effective in subsequent years, the National Consumer Price Index Average must rise at least two (2) per centum in excess of its level at the time of the last previous increase in benefits.

Section 5. Amend Section 8325, Title 11, Delaware Code, by striking the proviso which begins with the words "provided, however," immediately following the words "18 years" as the same appears in the second sentence of Section 8325, and substituting in lieu thereof the following proviso:

"Provided, however, that anyone entitled to receive a pension under this section prior to January 1, 1972, shall as of that date receive an amount equal to three-fourths of the monthly payment to which his decedent would have been entitled under this Act had he died on or after January 1, 1972. Thereafter, pensions of those eligible under this section shall not be recomputed based on the salaries of active duty State Police; Provided further, however, that as of July 1, 1974, the monthly amount payable to those eligible

under this section shall increase on July 1 of each year by any cumulative percentage increase in the National Consumer Price Index Average of the previous calendar year, when that increase reflects a change in excess of two (2) per centum. A cumulative percentage decrease in any calendar year shall not result in any reduction in the pension rates; however, before any increases shall become effective in subsequent years, the National Consumer Price Index Average must rise at least two (2) per centum in excess of its level at the time of the last previous increase in benefits."

Section 6. Amend Section 8326, Title II, Delaware Code, by striking the seventh sentence in its entirety and further striking the period (.) following the word "subchapter" at the end of the sixth sentence and substituting in lieu thereof the following:

"Provided, however, that any retired police member entitled to receive a pension under this section prior to January 1, 1972, shall, as of that date, receive an amount equal to one-half the monthly salary provided under this Act for an active duty officer of the same rank as that held by the retired State Police member. Thereafter, pensions of retired State Police members eligible to receive such pensions under this section shall not be recomputed based on the salaries of active duty State Policemen. A dependent entitled to receive a payment under this section prior to January 1, 1972, shall as of that date receive an amount equal to one-half the monthly salary provided under this Act to an active duty officer of the same rank as the decedent through whom he claims. Thereafter, pensions of dependents eligible to receive payments under this section shall not be recomputed based on the salaries of active duty State Police members.

Provided further, that as of July 1, 1974, the monthly amount payable to those eligible to receive payments under this section shall increase on July 1 of each year by any cumulative percentage increase in the National Consumer Price Index Average of the previous calendar year, when that increase reflects a change in excess of two (2) per centum. A cumulative percentage decrease in any calendar year shall not result in any reduction in the pension rates; however, before any increases shall become effective in subsequent years, the National Consumer Price Index Average must rise at least two (2) per centum in excess of its level at the time of the last previous increase in benefits."

Section 7. There is appropriated the sum of Four Hundred Fifty-One Thousand Dollars ($451,000) to the Department of Public Safety for the fiscal year beginning July I, 1971, for the purpose of carrying out the provisions of this Act.

Section 8. This is a supplemental appropriation act and the money appropriated shall be paid by the State Treasurer out of the General Fund of the State of Delaware out of monies not otherwise appropriated. Any monies hereby appropriated and not expended by the Department of Public Safety for the purposes of carrying out the provisions of this Act shall revert to the General Fund on June 30, 1972.

Section 9. Sections 1, 2, 3, 4, 5, and 6 of this act shall take effect when the Governor issues an executive order stating that the compensation schedules in section 1 hereof can be effectuated under federal law or regulations pursuant thereto. The compensation schedules set forth in section I shall from and after the issuance of the said executive order be deemed to have taken effect January 1, 1972, for purposes of the computation of all payments under this act on and after that date.

Section 10. If any provision of this Act, or of any rule, regulation, or order promulgated thereunder, or the application of any such provisions, regulation, or order to any person or circumstances shall be held invalid, the remainder of this Act or any regulations or order promulgated pursuant thereto or the application of such provision, regulations, or order to persons or circumstances other than those to which it is held invalid, shall not be affected thereby.

Section 11. From and after the date on which the Governor signs this act, all active-duty members of the State Police shall receive pay increases retroactive to January I, 1972, which shall be computed as follows: each active-duty member shall receive fourteen thirty-thirds (14/33) of the increase which he would have received under section I of this act over what an active-duty member of his current rank and longevity was entitled to receive on December 31, 1971.

Section 12. If at any time between the date on which this act is signed into law and the date on which the Governor signs an executive order pursuant to section 9 hereof, federal law or

regulations pursuant thereto permit a further pay increase for active-duty State Police above the increases provided for in Section 11 hereof but not sufficient fully to effectuate the schedules set forth in section 1 hereof, then each active-duty State Police member shall receive an increase in pay (retroactive to January 1, 1972, if allowed) to be computed by multiplying the increase that the active-duty member would be entitled to receive under section 1 hereof over what an active-duty member of his current rank and longevity would have been entitled to on December 31, 1971, by the following fraction:

2 A *

33

*A = newly allowed percentage increase in total active-duty State Police payroll using the amount of such payroll on December 31, 1971, as a base.

Approved January 27, 1972.