CHAPTER 184

FORMERLY

HOUSE BILL NO. 195

AS AMENDED BY HOUSE AMENDMENT NO. 2

AN ACT TO AMEND SUBCHAPTER VI, PART I, TITLE 20, OF THE DELAWARE CODE RELATING TO COMPENSATION FOR DELAWARE NATIONAL GUARD TECHNICIANS WHO RETIRE WITH UNUSED SICK LEAVE.

WHEREAS, in 1968 the Congress of the United States passed the National Guard Technician Act of 1968; and

WHEREAS, pursuant to the provisions of that Act, many full-time employees of the National Guard who had been State employees became Federal Civil Service Technicians; and

WHEREAS, that Act provided that technicians being converted could retain their State status for retirement purposes if the States agreed; and

WHEREAS, Delaware agreed to allow its State employees to elect to retain their State retirement benefits; and

IVIIEREAS, one hundred fifty-one full-time Guard employees elected to retain their State retirement benefits; and

WHEREAS, from January, 1969 until December, 1979, forty-three of these technicians retired and were not compensated in any manner for accumulated unwed sick leave; and

WHEREAS, both State employees and Federal Civil Service Technicians who elected Federal retirement benefits are compensated for unwed sick leave; and

WHEREAS, since January, 1980, retiring National Guard Technicians who elected State retirement benefits have been compensated in the same manner as merit system employees for unused sick leave.

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

Section 1. Amend Subchapter VI, Part I, Title 20 of the Delaware Code, by adding a new §I86 which shall read as follows:

"§186. Compensation for Unused Sick Leave

Any National Guard Technician who, under the National Guard Technician Act of 1968 (Public Laws 90 - 480, elected to retain their State retirement benefits and who retired during the period beginning January I, 1969 through December 31, 1979, shall be compensated for their unused sick leave in the same manner us State merit system employees; provided, however, that in the event of death of a National Guard Technician who is entitled to compensation under this section the amount due him shall be paid to his estate."

Section 2. The General Assembly shall provide for payment of the unused sick leave mandated by Section 1 of this Act by appropriations to the Delaware National Guard.

Section 3. This Act shall become effective si sty (60) days following the appropriation by the General Assembly of specific funds for the purposes set forth in this Act.

Approved July 19, 1983.