CHAPTER 420

FORMERLY

SENATE BILL NO. 285

AN ACT AWARDING SPECIAL PENSION BENEFITS TO ELSIE EVERETT, TRANSFERRING MONIES INTO THE STATE EMPLOYEES' PENSION FUND, AND DIRECTING THE BOARD OF PENSION TRUSTEES TO ADMINISTER PAYMENT PROVIDED BY THIS ACT AS IF THE PAYMENT WERE PURSUANT TO CHAPTER 55, TITLE 29, DELAWARE CODE.

WHEREAS, Elsie Everett was employed in the State public schools for 15 years and as a substitute for 3 years; and

WHEREAS, under the statutes and the rules and regulations of the Board of Pension Trustees, Elsie Everett will not receive credit for her three years as a substitute; and

WHEREAS, in July of 1988, Elsie Everett retired from the State and began receiving a pension which erroneously included her service as a substitute; and

WHEREAS, in August 1990, Elsie Everett's pension was amended to correct this error; and

WHEREAS, it is a hardship and is unfair to require her to repay the monies erroneously paid to her almost two years after she began to receive her retirement checks.

NOW, THEREFORE:

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

Section 1. The Board of Pension Trustees is hereby authorized and directed to waive the amount owed by Elsie Everett as a result of the error made in her original pension award.

Section 2. The Budget Director and the Controller General are authorized to transfer the sum of $1,069.36 from the Budget Office Contingency Appropriation in House Bill No. 350 of the 136th General Assembly for Budget Office Contingency (10-02-04) to the State Employees' Pension Fund for the purpose of implementing the provisions of Section 1 of this Act.

Approved July 20, 1992.