CHAPTER 560

HOUSE BILL NO. 1234

AN ACT TO AMEND CHAPTER 55, TITLE 29, DELAWARE CODE RELATING TO STATE EMPLOYEES' PENSIONS.

WHEREAS, House Bill No. 1155 of the 128th General Assembly clarified §5527(d), Title 29, Delaware Code relating to pensions for elected officials who are employed in other jobs by the State; and

WHEREAS, the said House Bill No. 1155, which becomes effective July 1, 1976, makes it clear that the pension for a State employee will be handled as a separate pension; and

WHEREAS, members of the 128th General Assembly were in agreement that it was never intended that a State employee who served as an elected official should have his total salary as an elected official added to his salary as a State employee for the purpose of computing his State pension benefits.

NOW, THEREFORE:

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

Section 1. For the purpose of computing State employee pensions for all elected officials who have served, who are serving, or who will serve in the future, who are also employed in other positions by the State of Delaware, any pension for credited service other than as an elected official shall be determined as a separate pension under the provisions of Chapter 55, Title 29, Delaware Code.

State on or before July 1, 1976 who has had pension payments deducted, in excess of those which would have been deducted had Section 1 of this Act been in effect on July 1, 1970, shall have such payments returned to them.

Approved July 8, 1976