CHAPTER 343

FORMERLY

SENATE BILL NO. 460

AS AMENDED BY SENATE AMENDMENT NO. 1 AND HOUSE AMENDMENTS NOS. 1 AND 2

AN ACT TO AMEND CHAPTER 83, TITLE 29, DELAWARE CODE, RELATING TO MEETING FEES AND INDEMNIFICATION OF MEMBERS OF THE BOARD OF PENSION TRUSTEES.

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

Section 1. Amend §8308(f) Chapter 83, Title 29, Delaware Code, by striking said subsection (f) in its entirety and substituting in lieu thereof a new subsection (f) to read as follows:

"(f) Each appointed member of the Board shall be paid ;100 for each day devoted to Board business. Members shall be entitled to reimbursement for travel and other expenses made necessary by their official duties."

Section 2. Amend §8308, Chapter 83, Title 29, Delaware Code, by adding thereto a new subsection (i) to read a follows:

"(i) The State shall indemnify a Board member to sit on a committee of the Board who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative by reason of the fact that he or she is or was a Board member against expenses (including attorneys' fees if the Attorney General determines that he may not provide representation), judgments, fines and amounts paid in settlement actually and reasonably incurred by him or her in connection with such action, suit or proceeding, if he or she acted in good faith and in a manner he or she reasonably believed to be in the best interest of the State and with respect to any criminal action or proceeding had no reasonable cause to believe his or her conduct was unlawful. Expenses incurred in defending a civil, administrative or investigative action, suit or proceeding shall be paid by the State in advance of final disposition of such action, suit or proceeding if:

a. Initially authorized by a majority vote of the Board exclusive of the member or members to be indemnified unless more than a majority of the Board shall also be parties to the same action, suit or proceeding, in which instance, such authorization shall be by the Governor of the State; and,

b. Such Board member agrees to repay such amount if it is ultimately determined by the Board or the Governor, as the case may be, pursuant to subsection (a) of this paragraph that such member is not entitled to indemnification under this section."

Section 3. This Act shall become effective July 1,1986.

Approved June 30, 1986