CHAPTER 142

FORMERLY

SENATE BILL NO. 197

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO STATE POLICE PENSIONS AND THE EMPLOYMENT OF PENSION BENEFICIARIES BY THE STATE.

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

Section 1. AMEND §8352(4) of Title II, Delaware Code by inserting after the word "service" and before the word "or" the following:

", disability,".

Section 2. AMEND §8352 Title 11, Delaware Code by adding a sentence to the end of said section to read as follows:

"The employment, except employment as an elected official, may not be used for further retirement benefits."

Section 3. AMEND Subsection (c) of Section 8323 of Title II, Delaware Code, by striking that Subsection in its entirety and substituting therefor a new Subsection (c) to read as follows:

"(c) An individual shall not receive a pension under this subchapter for any month which the individual is an employee, as defined in §8301 of this Title or §5501 of Title 29, unless the individual is:

(1) An official elected by popular vote at a regular or special election; or

(2) An official appointed by the Governor; or

(3) A registration or election official, or a juror; or

(4) Receiving an ordinary service, disability, or survivor's pension.

The employment, except employment as an elected official, may not be used for further retirement benefits."

Section 4. The provisions of Section 3 shall be retroactive to January I, 1994.

Approved July 3, 1997