CHAPTER 214

FORMERLY

HOUSE BILL NO. 380

AN ACT TO AMEND CHAPTER 64, TITLE 9 OF THE DELAWARE CODE RELATING TO SUSSEX COUNTY EMPLOYEES' RETIREMENT BENEFITS.

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

Section 1. Amend §6402, Chapter 64, Title 9 of the Delaware Code, by striking all of said section and inserting in lieu thereof the following:

"§6402. Definitions

(a) 'Covered Employee' means an employee who receives a regular salary or wages wholly or in part directly or indirectly from Sussex County; provided, however, than an employee shall not be considered in covered employment if he is a part-time or seasonal employee who is not regularly employed for more than 120 working days in any one calendar year.

(b) The following persons shall be considered 'covered employees' notwithstanding other provisions of this section:

(1) elected officials of Sussex County;

(2) Justices of the Peace and Constables, for time spent prior to March 31, 1965;

(c) 'Continuous employment' means service without interruption except allowable interruptions aggregating not more than five years.

(d) 'Allowable interruption' means interruptions arising from:

(1) disability as defined in this Chapter;

(2) leaves of absence granted to employees;

(3) leaves of absence for entering the Armed Services of the United States of America as provided in §6404 of this Title;

(4) involuntary severance of employment not due to any fault or neglect or the part of such employee; or

(5) voluntary severance of employment for a period not to exceed one year; but the employee shall not be considered a covered employee during any period of such interruption. The usual vacation allowed any employee of any department or agency shall not be considered an interruption from continuous employment."

Section 2. Amend §6403, Chapter 64, Title 9 of the Delaware Code by striking all of said section and inserting in lieu thereof the following:

"§6403. Eligibility for Retirement Benefits; Reduction Because of Other Benefits

(a) A covered employee who shall have service with Sussex County in continuous employment for at least three years shall be considered eligible for retirement benefits within the meaning of this Chapter, except as otherwise provided.

(b) Any employee who is eligible for retirement benefits under the provisions of this Chapter and who is or will be covered by any other State or county pension plan or statute shall have his retirement payments reduced by such amount as he receives from the other pension plan or statute.

Section 3. Amend §6405, Chapter 64, Title 9 of the Delaware Code, to read as follows:

§6405. Retirement Age; Early Retirement; Mandatory Retirement

(a) Every covered employee who is eligible for retirement benefits under this Chapter may be retired after such employee attains the age of 65 years (or 60 years as herein after provided), and shall, after retirement and during the remainder of his life, receive the vested portion of the pension fixed by this Chapter, subject to such qualifications and reservations as are contained in this Chapter.

(b) A covered employee who is eligible for retirement benefits under this Chapter may select early retirement after serving in covered employment with Sussex for at least 15 years and attaining the age of 60 years. He shall, after such early retirement and during the remainder of his life, receive the vested protion of the pension provided by this Chapter.

(c) Nothing in this Chapter shall be construed to make mandatory the retirement of any employee who is not a "covered employee" as such term is defined in this Chapter or who is ineligible to receive a pension because he has not worked the required number of years, except as is specifically authorized in this Chapter to the contrary.

(a) Notwithstanding the other provisions of this section, a covered employee may continue active work by mutual consent on a year-to-year basis at the option of the department or agency by which they are employed. If an employee continues to be employed by Sussex County beyond age 65, each such additional year shall be credited toward his retirement but no such credits shall be accumulated beyond age TO."

Approved April 8,1980.