CHAPTER 165

FORMERLY

SENATE BILL NO. 221

AN ACT TO AMEND CHAPTER 83, TITLE 11, AND CHAPTERS 55 AND 56, TITLE 29, DELAWARE CODE, TO PROVIDE POST-RETIREMENT INCREASES TO PENSIONERS.

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

Section 1. AMEND §5532, Chapter 55, Title 29, Delaware Code, by adding thereto a new subsection to be designated as subsection (e) to read as follows:

"5532(e). Any monthly service or disability pension which became effective on or before July 1, 1996, and is payable on the effective date of this subsection and any survivor pension based on a former service or disability pension that was effective on or before July 1, 1996, and is payable on the effective date of this subsection shall be increased effective July 1, 1997, in accordance to the following schedule:

Year Pension

Became Effective

Percent Increase

Prior to

1974

9%

1974

8%

1975

7%

1976

6%

1977

5%

1978

4%

After 1978

2%

These increases shall continue to be paid through June 30, 1998, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with §5544 of this Chapter."

Section 2. The increases provided by this Act shall not apply to pensions awarded under §5527(d), Chapter 55, Title 29, Delaware Code.

Section 3. AMEND §5544, Chapter 55, Title 29, Delaware Code, by adding thereto a new subsection to be designated as subsection (g) to read as follows:

"(g)(1) The State's obligation to the State Employees' Pension Trust Fund, the State Judiciary Retirement Fund, and the State Police Retirement Fund to implement the provisions of §5532(e) of this Chapter shall be the payment required to amortize the unfunded accrued liability over five years from July 1, 1997.

(2) The State's obligation to the Special Pension Fund authorized by Volume 61, Chapter 455, Laws of Delaware, to implement the provisions of §5532(c) of this Chapter in fiscal year 1998 shall be the lump sum actuarial liability of the benefits granted."

Section 4. AMEND §5543, Chapter 55, Title 29, Delaware Code, by adding thereto a new subsection to be designated as subsection (c) to read as follows:

"(c) Effective July 1, 1997, employee pension contributions made pursuant to this section shall not be subject to adjustment or recovery after the expiration of three full calendar years from December 31 of the year in which the contributions were made unless no contributions were paid during that calendar year."

Section 5. AMEND §5601, Chapter 56, Title 29, Delaware Code, by adding thereto a new subsection to be designated as subsection (a)(3) to read as follows:

"(a)(3) Effective July 1, 1997, employee pension contributions made pursuant to this section shall not be subject to adjustment or recovery after the expiration of three full calendar years from December 31 of the year in which the contributions were made unless no contributions were paid during that calendar year."

Section 6. AMEND §8322, Chapter 83, Title 11, Delaware Code, by adding thereto the following sentence to appear immediately after the last sentence of that paragraph:

"Effective July 1, 1997, employee pension contributions made pursuant to this section shall not be subject to adjustment or recovery after the expiration of three full calendar years from December 31 of the year in which the contributions were made unless no contributions were paid during that calendar year."

Section 7. AMEND §8391, Chapter 83, Title 11, Delaware Code, by adding thereto the following sentence to appear immediately after the last sentence of that paragraph:

"Effective July 1, 1997, employee pension contributions made pursuant to this section shall not be subject to adjustment or recovery after the expiration of three full calendar years from December 31 of the year in which the contributions were made unless no contributions were paid during that calendar year."

Approved July 9, 1997