CHAPTER 21

FORMERLY

SENATE BILL NO. 84

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 14 AND TITLE 29 RELATING TO LEAVE OF ABSENCE FOR MILITARY SERVICE.

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

Section 1. Amend Section 1327, Chapter 13, Title 14 of the Delaware Code by redesignating subsection (b) as subsection (d) and inserting a new subsection (b) and (c) to read as follows:

"(b) During said leave of absence resulting from Operation Desert Shield/Storm, such principal, teacher or other employee at a school district shall continue to receive his/her state compensation during the initial period of active duty prescribed by the military to be reduced by any military compensation received.

(c) For the purpose of subsection (b) state compensation shall be limited to the state share of the base salary as calculated from the appropriate salary schedule, administrative supplements and all other stipends. Military compensation shall include base salary, basic allowance for quarters (BAQ), basic allowance for subsistence (BAS), hazardous duty pay and all other supplemental compensation multiplied by the ratio of state compensation to total compensation."

Section 2. Amend Section 5105, Chapter 51, Title 29 of the Delaware Code by redesignating subsections (b) and (c) as subsections (d) and (e) and inserting a new subsection (b) and (c) to read as follows:

"(b) During said leave of absence resulting from Operation Desert Shield/Storm, such employee shall continue to receive his/her state compensation during the initial period of active duty prescribed by the military to be reduced by any military compensation received.

(c) For the purpose of subsection (b) state compensation shall be

limited to base salary. Military compensation shall include base salary, basic allowance for quarters (BAQ), basic allowance for subsistence (BAS), hazardous duty pay and all other supplemental compensation."

Section 3. Amend Section 5105(c) Title 29, Delaware Code by deleting the phrase "(b) and (c)" and inserting in lieu thereof the phrase "(b), (c), (d) and (e)."

Section 4. The Office of State Personnel shall develop any rules and

regulations necessary to implement the provisions of this legislation. These rules shall make it the responsibility of the employee to initiate the claim and supply the required military pay information. The state is responsible

for collecting information relating to state compensation. Claims must be

filed within 90 days of release from active duty or passage of this legislation, whichever is later.

Section 5. This act shall be effective retroactively to August 1, 1990.

Approved April 9, 1991.