CHAPTER 189

FORMERLY

SENATE BILL NO. 143

AN ACT TO AMEND TITLE 29, DELAWARE CODE, RELATING TO LEAVE OF ABSENCE FOR MILITARY SERVICE AND THE PAYMENT OF BENEFITS FROM THE DELAWARE PUBLIC EMPLOYEES' RETIREMENT SYSTEM.

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

Section 1. Amend §5533, Chapter 55, Title 29 of the Delaware Code, by adding a new subsection “d” to read as follows:

“(d) If the Final Average Compensation of an employee has been reduced because of a leave of absence resulting from Presidential determinations to augment active forces, such employee shall have their Final Average Compensation adjusted by their amount of military compensation. This adjustment will be no greater then what the employee would have received had they remained in employment for the period of leave. The employee will contribute 3% of the amount that was adjusted. Any remaining cost associated with the adjustment will be transferred from the Special Pension Fund authorized by Volume 61 Chapter 455, Laws of Delaware.”

Section 2. This Bill shall be effective retroactively to September 11, 2001.

Approved September 8, 2003