CHAPTER 154

FORMERLY

SENATE BILL NO. 157

AN ACT TO AMEND CHAPTER 59, TITLE 29 OF THE DELAWARE CODE RELATING TO SUPPLEMENTAL COMPENSATION.

WHEREAS, the decision In State of Delaware, et al. v. Kopec, et al., Del. Super.. C.A. No. 82C- JA- 42 and 82C- JA- 54, Walsh, J. (July 25. 1984) ("the Kopec decision"), provides that the amendment to Chapter 59, Title 29, Delaware Code, effective July 1, 1981, 63 Del. Laws Ch. 80, does not apply to employees who qualified to receive benefits prior to July I, 1981; and

WHEREAS, the Kopec decision states that the supplemental pay provided by Chapter 59, Title 29, Delaware Code could be terminated for those employees who qualified to receive benefits prior to July I, 1981 if there was a clear legislative Intent to do so; and

WHEREAS, the General Assembly Intended the amendment to Chapter 59, Title 29, Delaware Code. effective July I. 1981 to apply to all employees.

NOW, THEREFORE:

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

Section I. Amend Section 5933, Chapter 59, Delaware Code by designating Section 5933, Chapter 59, Title 29. Delaware Code as subsection (a) and by adding the following subsection (b):

"(b) Subsection (a) of this Section applies to officers or employees of the State who qualified to receive supplemental compensation under Section 5933 of Title 29 subsequent to June 30, 1981. Officers or employees of the State who qualified to receive supplemental compensation under Section 5933 of Title 29 prior to July I, 1981. and remain entitled to receive such supplemental compensation. shall have such supplemental compensation terminated as of September 1, 1985."

Approved July 12, 1985