CHAPTER 123

FORMERLY

SENATE BILL NO. 228

AN ACT TO AMEND CHAPTER 56, TITLE 29, DELAWARE CODE, RELATING TO THE STATE JUDICIARY PENSION PLAN.

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

Section 1. Section 5605(a), Chapter 56, Title 29, Delaware Code is amended by striking said subsection in its entirety and substituting in lieu thereof the following:

"(a) Each new member of the State judiciary, whether by appointment and confirmation or as a result of any provision of this Chapter, may accept the provisions of this Chapter by (1) written declaration to that effect within 30 days following his becoming a member of the State judiciary or (2) through the authorization, heretofore or hereafter accomplished, by said member to permit deductions for the contributions provided in §5601 of this title. The declaration of acceptance shall be filed in the office of the Secretary of State provided, however, that in the event the member accepts the provisions of this Chapter through authorization of deductions for contributions, the member shall thereafter file a written declaration with the Secretary of State. Upon the filing of such written declaration by a member of the State judiciary or upon authorization of deductions for contributions, whichever first occurs, the benefits of this Chapter shall be available to him. Any judge who was, prior to November 8, 1955, a member of the State judiciary, who has not already done so, may file his written declaration of acceptance of the provisions of this Chapter within 30 days after November 8, 1955. A declaration of acceptance, or authorization to permit deductions for the contributions provided in §5601 of this title, heretofore or hereafter accomplished, by a member first appointed on or after July 1, 1980, shall cover such member under the revised plan."

Section 2. Section 5605(c), Chapter 56, Title 29, Delaware Code, is amended by adding the words "or authorization of deductions for the contributions provided in §56D1 of this title" after the word "chapter" appearing on the first line of said subsection.

Section 3. Section 5605(d), Chapter 56, Title 29, Delaware Code, is amended by adding the words "or authorization made" after the word "filed."

Approved July 8, 1987.