CHAPTER 429

FORMERLY

SENATE BILL NO. 272

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 deleting subsection (b) in its entirety, and substituting in lieu thereof the following:

“(b) During said leave of absence resulting from Operation Desert Shield/Storm, Operation Noble Eagle, or Operation Enduring Freedom, 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. The Department of Education shall adopt rules and regulations necessary to implement the provisions of this paragraph that are consistent with those adopted by the Office of State Personnel pursuant to §5105(b) of Title 29. These rules shall make it the responsibility of the employee to initiate the claim and supply the required military pay information. The State shall be responsible for collecting information relating to State compensation. Claims shall be filed within 90 days of release from active duty or passage of this legislation, whichever is later.”

Section 2. Amend Section 5105, Chapter 51, Title 29 of the Delaware Code by deleting subsection (b) in its entirety, and substituting in lieu thereof the following:

“(b) During said leave of absence resulting from Operation Desert Shield/Storm, Operation Noble Eagle, or Operation Enduring Freedom, 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. The Office of State Personnel shall develop any rules and regulations necessary to implement the provisions of this paragraph. These rules shall make it the responsibility of the employee to initiate the claim and supply the required military pay information. The State shall be responsible for collecting information relating to State compensation. Claims shall be filed within 90 days of release from active duty or passage of this legislation, whichever is later.”

Section 3. This act shall be effective retroactively to September 11, 2001.

Approved August 12, 2002