CHAPTER 422

FORMERLY

SENATE BILL NO. 617

AN ACT AUTHORIZING AND DIRECTING THE BOARD OF PENSION TRUSTEES TO GRANT STANLEY ANTKIEWICZ SURVIVOR'S BENEFITS; AND FURTHER PROVIDING A SUPPLEMENTARY APPROPRIATION THEREFOR.

WHEREAS, in January of 1977, Mrs. Ellen Antkiewicz, an employee with the Department of Community Affairs and Economic Development for approximately 8 years, requested and was granted a medical leave of absence without pay; and

WHEREAS, on March 26, 1977 while on medical leave, Mrs. Antkiewicz died; and

WHEREAS, Mrs. Antkiewicz was not properly advised by her superiors that she had five (5) years of creditable service which would have made her eligible to make application for disability pension benefits; and

WHEREAS, when Mr. Antkiewicz made application for survivor's pension benefits, not necessarily for himself but for the future education of his teenage child, he was advised by the Board of Pension Trustees that his late wife, Ellen Antkiewicz was not an employee of the State at the time of her death by virtue of her medical leave of absence without pay, and consequently, was ineligible for survivor's pension benefits; and

WHEREAS, the State should honor this error which was no fault of Mrs. Antkiewicz as she was not properly instructed as to the proper type of leave she should take to protect her accrued pension benefits.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. The Board of Pension Trustees is hereby authorized and directed to grant Mr. Stanley Antkiewicz a survivor's pension based on the eight (8) years of service with the Department of Community Affairs and Economic Development, any provision of Chapter 55, Title 29, Delaware Code to the contrary notwithstanding.

Section 2. The sum of $7,825.41 is hereby appropriated to the Pension Fund for the purpose of implementing the provisions of Section 1 of this Act.

Section 3. This is a supplementary appropriation and the funds hereby appropriated shall be paid by the State Treasurer out of funds in the General Fund of the State of Delaware not otherwise appropriated.

Approved July 8, 1978.