CHAPTER 190

FORMERLY

SENATE BILL NO. 169

AN ACT TO AMEND TITLE 14 AND TITLE 29 OF THE DELAWARE CODE RELATING TO LEAVE OF ABSENSE 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) Any principal, teacher, or other school employee taking a leave of absence authorized by subsection (a) who, as a member of the Delaware National Guard or a United States military reserve organization, has been ordered to active duty by Presidential determination to augment active forces for any operational mission, shall continue to receive his or 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 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) Any employee of the State taking a leave of absence authorized by subsection (a) who, as a member of the Delaware National Guard or a United States military reserve organization, has been ordered to active duty by Presidential determination to augment active forces for any operational mission, shall continue to receive his or 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 applied retroactively for the benefit of all State or school district employees who have been ordered to active duty as a result of Operation Desert Shield, Operation Desert Storm, Operation Noble Eagle, Operation Enduring Freedom, and/or Operation Iraqi Freedom.

Approved September 8, 2003