CHAPTER 436

FORMERLY

SENATE BILL NO. 339

AN ACT TO CLARIFY THE PENSION ELIGIBILITY OF JUDGE A. JAMES GALLO AND ROBERT H. WAHL.

WHEREAS, the General Assembly of the State of Delaware saw fit to enact Volume 57, Laws of Delaware, Chapter 228, which changed the responsibility for maintenance of the Court of Common Pleas for New Castle County from the County of New Castle to the State of Delaware; and

WHEREAS, that Act became effective February 1, 1969;

and

WHEREAS, by the terms of said legislative act it was provided inter alia that no employee of the Court shall lose any benefits as a result of its enactment; and

WHEREAS, it was intended that all personnel including the judges of the Court should thus be protected from loss of benefits; and

WHEREAS, the State Board of Pension Trustees for the State Employees' Retirement Plan has ruled that former Judge A. James Gallo is not eligible under the Employee's Pension Act because they are not giving him credit for his employment as he would have received it under the County Pension Act; and

WHEREAS, it is the desire of the General Assembly to clarify this situation with regard to both judges who were serving in the Court of Common Pleas at the time of passage of the aforementioned Act; and

WHEREAS, it is the intention of the General Assembly that the two judges who were serving in the Court of Common Pleas of New Castle County on July 1, 1969 shall receive full pension time credit for all time served as an employee of the State of Delaware, County of New Castle, City of Wilmington, General Assembly of the State of Delaware, and any other governmental agency within the State of Delaware whether in judicial capacity or otherwise; and

WHEREAS, this situation developed because of the passage by the General Assembly of the State of Delaware of the aforementioned Act so as to effect this transfer during the terms of the existing judges instead of permitting it to become effective as the terms of the respective judges expired; and

WHEREAS, the General Assembly desires to rectify this unfair situation by crediting all time of employment by govern mental agencies (which is not already credited) to pension time.

NOW, THEREFORE,

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

Section 1. That A. James Gallo, a judge of the Court of Common Pleas for New Castle County on July 1, 1969, is hereby credited with fifteen (15) years of covered employment under the State Employees' Pension Plan. This credit to be for purpose of calculation of both time served and amount of pension to be received. His pension shall be the greater of the pension determined under Chapter 228, Volume 57, Laws of Delaware, or under the statutory pension system of the county in which he was employed on June 30, 1969, as such statutory pension system was in effect on June 30, 1969, with the amount of any such pension to be determined by using his total period of service as credited by this Act.

Section 2. That Robert H. Wahl, who was a judge of the Court of Common Pleas for New Castle County on July 1, 1969, is hereby given credit for an additional four (4) years and eight (8) months of service in covered employment under the judicial Pension Act. This additional credit is for the purposes of calculation of both time served and amount to be received under the said Judicial Pension Act. This credit is in addition to any time served as a Judge as presently provided for in the said Judicial Pension Act.

Approved July 10, 1974