CHAPTER 324

FORMERLY

SENATE BILL NO. 337

AN ACT TO AMEND CHAPTERS 52A AND 55 OF TITLE 29 OF THE DELAWARE CODE RELATING TO THE PUBLIC OFFICERS AND EMPLOYEES DISABILITY INSURANCE PROGRAM.

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

Section 1. Amend Section 5253 (c), Title 29 of the Delaware Code by adding a new subsection (6) to read:

“(6) Prior to the commencement of long-term disability benefits, the employee shall be eligible to make a written election to escrow for a period of six months any unused annual and sick leave based on the rules in place by the employing organization. Any employee who does not make a written election to escrow unused annual and sick leave will receive a payoff of unused annual and sick leave under §5253(c)(5) of this chapter. Any employee approved for long-term disability benefits and who made a written election to escrow unused annual and sick leave who returns to State employment in a full-time benefit eligible position within the six month escrow period and works on a full-time basis for at least 30 calendar days will retain their annual and sick leave balances. Any employee making a written election to escrow unused annual and sick leave who does not return to State employment in a full-time benefit eligible position for at least 30 calendar days within the six month escrow period will receive a payoff of unused annual and sick leave at the end of the six month escrow period based on the rules in place by the employing organization.”

Section 2. Amend Section 5258, Title 29 of the Delaware Code by deleting the words “Statewide Benefits Human Resources Administrator of the Office of Management and Budget (“Administrator”)” in the first sentence of the second paragraph and inserting the words “Appeals Administrator” in their place; by deleting the words “Statewide Benefits Human Resources Administrator” in the second sentence of the second paragraph and inserting the words “Appeals Administrator” in their place; by adding at the end of the second paragraph the sentence “The Committee shall designate an officer of the Statewide Benefits Office to act as the Appeals Administrator.”; by deleting the words “Statewide Benefits Human Resources Administrator” in both places that these words appear in the first sentence of the third paragraph and inserting the words “Appeals Administrator” in their place; by deleting the words “Statewide Employee Benefits Committee (“Committee”)” in the first sentence of the third paragraph and inserting the word “Committee” in their place; and by deleting the words “the Benefits and Insurance Administrator” in the second sentence of the third paragraph and inserting the words “an appropriate officer” in their place.

Section 3. Amend §5524, Title 29, of the Delaware Code, by adding a new paragraph (d) thereto as follows:

“(d) An employee who previously elected to participate in the disability insurance option pursuant to §5519(b)(2) of this chapter and has been deemed disabled pursuant to §5253(c) of this title and whose benefit under the disability insurance option has been discontinued because of the limits of coverage for mental illness or substance abuse have been exhausted, shall be deemed to be disabled for the purposes of this section and be covered under the disability pension provisions of § 5524 of this chapter.”

Section 4. Amend Section 5253 (c) (5), Title 29 of the Delaware Code by deleting the words “, subject to any pre-termination procedures set forth in the rules and regulations of the Office of Management and Budget” from the first sentence. Further Amend Section 5253 (c) (5), Title 29 of the Delaware Code by deleting the word “Once” from the second sentence and substituting the words “Subject to any escrow election under §5253(c)(6) of this chapter, once” in its place.

Approved July 9, 2008