CHAPTER 219

FORMERLY

SENATE BILL NO. 250

AN ACT MAKING SUPPLEMENTAL APPROPRIATIONS TO PROVIDE FOR A ONE-TIME SALARY SUPPLEMENT FOR STATE EMPLOYEES FOR THE FISCAL YEAR ENDING JUNE 30, 2004.

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

Section The provisions of 74 Del Laws c. 68 notwithstanding there shall be a one-time salary supplement for the following employees who were on the payroll as of December 16, 2003 and are on the payroll as of the effective date of the payment authorized by this Act: those employees in Departments 01 – 77, those employees of Delaware Technical and Community College Plans A, B and D, and public school employees covered under §1305, §1308 , §1311, §1322 (a), §1322(c), and §1324 of Title 14, Delaware Code. Said supplement shall be calculated on base annual salary (includes local salary funds for those employees covered under Title 14, Delaware Code) as follows:

1. $1,000.00 for those employees with a salary less than $20,000.00; and

2. the product of 0.08 x ($25,000.00 – current employee salary) + $600.00 for those employees with a salary between $20,000.00 and $25,000.00; and

3. $600.00 for those employees with a salary greater than $25,000.00.

Section Part-time employees, hourly employees, and those employees employed in accordance with 29 Del. C. § 5903(17) shall be entitled to a one-time salary supplement amounting to $400.00. This one-time salary supplement shall be only granted for those employees who were on the payroll as of December 16, 2003, received compensation from the State at any time during the period of December 16, 2003 through the effective date of the payment authorized by this Act, and are on the payroll as of the effective date of the payment authorized by this Act.

Section This supplement shall not be given to the Governor. The provisions of Section 1 and Section 2 of this Act shall not apply to employees of the General Assembly – House or General Assembly – Senate. Compensation for those employees will be established by the Speaker of the House of Representatives and the President Pro-Tempore of the Senate respectively.

Section Funds have been appropriated in Section 8 of this Act for the University of Delaware and Delaware State University to provide for a one-time salary supplement for those salaries paid from General Funds. Priority shall be given to those employees who did not receive a pay raise or pay bonus during Fiscal Year 2004.

Section In no instance shall an employee receive more than one salary supplement authorized in this Act.

Section This supplement shall be considered within the pension definitions stated in 29 Del. C. § 5501 (c), §5501 (d), §5501 (e), §5600 (3), and 11 Del. C. §8351 (2).

Section The provisions of 29 Del C. §5105 (c) notwithstanding, all employees granted a leave of absence for military service according to the provisions of 29 Del. C §5105 (a) shall be entitled to receive the one-time salary supplement.

Section There is hereby appropriated $22,300,000 (Twenty Two Million Three Hundred Thousand Dollars) in General Funds and $1,400,000 (One Million Four Hundred Thousand Dollars) Appropriated Special Funds to the Office of the Budget, Contingencies and One-Time Items (10-02-04) , One-Time Salary Supplement and to implement the provisions of this Act for qualifying employees. These funds shall be paid by the State Treasurer from funds not otherwise appropriated.

There is hereby appropriated $1,800,000 (One Million Eight Hundred Thousand Dollars) TFO to the Department of Transportation, Office of the Secretary (55-01-00), One-Time Salary Supplement to implement the provisions of Section 1 for qualifying Department of Transportation employees.

Section Employees that are funded through sources other than local school funds shall have their one-time salary supplement funded through their respective funding source.

Section Payment of the salary supplement authorized by this Act shall be as soon as practicable subsequent to the enactment of this Act .

Section For the purposes of the implementation of this Act, funds and authorizations appropriated herein shall be considered as regular operating budget funds. The provisions of 29 Del. C. c. 101 notwithstanding, the administrative regulations and procedures necessary to implement this Act shall be promulgated by the State Personnel Director, Budget Director, Secretary of Finance and Controller General.

Approved April 6, 2004