CHAPTER 139

FORMERLY

SENATE BILL NO. 224

AS AMENDED BY SENATE AMENDMENT NO. 1

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

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

Section 1. Amend §5501(b)(5) of Chapter 55, Title 29, Delaware Code by inserting the words "anywhere in the world" immediately after the phrase "...or an accredited private school or college..." and before the phrase "...provided that the individual who rendered such service (0...".

Section 2. Amend §5501(b)(8) of Chapter 55, Title 29, Delaware Code by inserting the words "anywhere in the world" immediately after the phrase "...or an accredited private school or college..." and before the phrase "...provided that the individual pays into the Fund...".

Section 3. Amend §5501(b)(6), Chapter 55, Title 29, Delaware Code by inserting after the phrase "(iii) he subsequently acquires five (5) years of credited service," the following:

"or (iv) he has been involuntarily terminated for reason other than cause and is rehired within two (2) years of the involuntary termination."

Section 4. Amend §5501(a), Chapter 55, Title 29, Delaware Code by deleting the last sentence in subparagraph (4) and substituting in lieu thereof a new subparagraph (5) to read as follows:

"A person who meets the requirements of this subsection shall be regarded as an "employee" during the period ho or she is on an approved leave and, for school personnel who do not work on a twelve-month (12) basis, during the period between the expiration of such leave and the beginning of the next regular school term."

Section 5. Amend §5501(b)(l), Chapter 55, Title 29, Delaware Code by striking said subsection and substituting in lieu thereof a new subsection (b)(1) to read as follows:

"(1) Service as an employee, excluding any period during which an employee is on an approved leave unless service credit for such period or periods of leave is purchased pursuant to subparagraphs (9), (10) and (11) of this Section."

Section 6. Amend §5501(b), Chapter 55, Title 29, Delaware Code by adding a new subparagraph (11) to read as follows:

"(11) Approved leave other than approved medical and sabbatical leaves provided the employee pays into the Fund, prior to the commencement of the leave, contributions equal to the sum of the employee contributions and State appropriations which would have been made to the Fund during such periods of leave."

Section 7. Amend §5501(b) of Chapter 55, Title 29, Delaware Code by adding a new subparagraph (12) to read as follows:

"12) In determining an employee's eligibility under this Chapter such an employee shall be considered to have been in covered employment during a period

of documented interruption not to exceed two (2) months and not otherwise provided for in this Chapter. The term 'documented interruption' shall be defined in the Rules and Regulations of the Board of Pension Trustees but shall not Include interruptions due to termination of employment. Time so credited under this subsection for eligibility shall not be used for the computation of retirement benefits. This subsection shall apply to employees who retire on or after January 1, 1979."

Approved July 12, 1979.