Delaware General Assembly

CHAPTER 711

SENATE BILL NO. 857

AN ACT AWARDING SPECIAL PENSION BENEFITS, APPROPRIATING MONIES TO FUND SUCH PENSIONS, AND DIRECTING THE BOARD OF PENSION TRUSTEES TO ADMINISTER PAYMENT OF SUCH PENSIONS AS IF THE AWARDS WERE PURSUANT TO CHAPTER 55, TITLE 29, DELAWARE CODE; AWARDING SPECIAL PENSION BENEFIT, APPROPRIATING MONIES TO FUND SUCH PENSION, AND DIRECTING THE BOARD OF PENSION TRUSTEES TO ADMINISTER PAYMENT OF SUCH PENSION AS IF THE AWARD WERE PURSUANT TO CHAPTER 83, TITLE 11, DELAWARE CODE; AND AUTHORIZING THE SUSSEX COUNTY COUNCIL TO AWARD A PENSION BENEFIT TO A FORMER EMPLOYEE AS IF THE AWARD WERE PURSUANT TO CHAPTER 64, TITLE 9, DELAWARE CODE.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Special pension benefits are awarded to the following as if they were awarded pension benefits pursuant to the provisions of the State Employees Pension Plan as prescribed by Chapter 55, Title 29, Delaware Code:

Legislative Nature of

Bill Reference Pensioner Pension Benefit

H.B. 572 Helen Carmean Survivor's

H.B. 633 Norman F. Hastings Disability

H.B. 634 Mrs. Fred Perkins Survivor's

H.B. 788 Mrs. Harrison B.

Lomax, Jr. Survivor's

H.B. 945 Mrs. Stanley J.

Lewandowski Survivor's

H.B. 1115 Mrs. Grace G.

Gottwals Disability

Section 2. Pensioner Charles A. Dougherty is awarded an increase in his pension benefit based upon his employment with the Levy Court of New Castle County as if he were awarded credited service for county employment pursuant to the provisions of Chapter 55, Title 29, Delaware Code.

Section 3. Pensioner Edward Carpenter is awarded an increase in pension benefit based upon ³/4's of the current active duty pay as a Corporal of the State Police as if the pension benefit were awarded under Chapter 83, Title 11, Delaware Code.

Section 4. Mrs. Ellis P. Sartin is awarded a survivor's pension benefit based upon Mr. Ellis P. Sartin's employment with the State of Delaware as if he were awarded a pension benefit pursuant to the provisions of Chapter 55, Title 29, Delaware Code.

Section 5. (a) George B. Davis is awarded a pension benefit based upon his employment with the State of Delaware as if he were awarded a pension benefit pursuant to the provisions of Chapter 55, Title 29, Delaware Code.

(b) The State Board of Pension Trustees is directed to compute the amount of pension benefits payable to George B. Davis on the same basis as pensions payable under Chapter 55, Title 29, Delaware Code, and to make such payments retroactive to June 1, 1975.

Section 6. Anne E. Klumpp is awarded a pension benefit based upon her employment with the State of Delaware as if she were awarded a pension benefit pursuant to the provisions of Chapter 55, Title 29, Delaware Code.

Section 7. Leo B. Green is awarded a pension benefit based upon his employment with the State of Delaware as if he were awarded a pension benefit pursuant to the provisions of Chapter 55, Title 29, Delaware Code.

Section 8. Nicholas DeSimone is awarded a pension benefit based upon his military service and two years out-of-state teaching experience as if he were awarded credited service for his military service and two years out-of-state teaching experience pursuant to the provisions of Chapter 55, Title 29, Delaware Code.

Section 9. Angeline Morris is awarded a survivor's pension benefit based upon Charles Morris's employment with the State of Delaware as if she were awarded a survivor's pension benefit pursuant to the provisions of Chapter 55, Title 29, Delaware Code.

Section 10. Helen Dryden shall be awarded an increase in her pension benefit based upon her employment with the Levy Court of New Castle County as if she were awarded credited service for county employment pursuant to the provisions of Chapter 55, Title 29, Delaware Code.

Section 11. Margaret C. Harris is awarded a pension benefit based upon her employment with the State of Delaware as if she were awarded a pension benefit pursuant to the provisions of Chapter 55, Title 29, Delaware Code.

Section 12. Herman Roach is awarded a pension benefit based upon his employment with the State of Delaware as if he were awarded a pension benefit pursuant to the provisions of Chapter 55, Title 29, Delaware Code.

Section 13. Joseph J. Conte is awarded an in crease in his pension benefit upon retirement as if he were awarded credited service for his periods of disability pursuant to the provisions of Chapter 55, Title 29, Delaware Code; provided he pays into the fund the sum of (1) the additional employee contributions which would have been made to the fund based upon what his salary would have been during the periods of disability, (2) an amount determined by applying the rate of State appropriations to the fund for his total earnings during the periods of disability, and (3) interest compounded at the rate of six percent (6%) per annum on the sum of (1) and (2) from the end of the calendar year accrued to the date paid.

Section 14. Esther Stevens is awarded an increase in her pension benefit effective upon retirement based upon her employment with the Levy Court of New Castle County as if she were awarded credited service for county employment pursuant to the provisions of Chapter 55, Title 29, Delaware Code.

Section 15. Inez Roach is awarded an increase in her pension benefit based upon her employment with Sussex County as if she were awarded credited service for county employment pursuant to the provisions of Chapter 55, Title 29, Delaware Code.

Section 16. Dorothy Jackson is awarded an increase in her pension benefit upon retirement as if she were awarded credited service for her period of disability pursuant to the provisions of Chapter 55, Title 29, Delaware Code; provided she pays into the fund the sum of (1) the additional employee contributions which would have been made to the fund based upon what her salary would have been during the period of disability, (2) an amount determined by applying the rate of State appropriations to the fund on her total earnings during the period of disability, and (3) interest compounded at the rate of six percent (6⁰7o) per annum on the sum of (1) and (2) from the end of the calendar year accrued to the date paid.

Section 17. Mrs. Bessie Sudler is awarded a minimum pension benefit based upon her employment with the State of Delaware as if she were awarded a minimum pension benefit pursuant to the provisions of Chapter 55, Title 29, Delaware Code.

Section 18. The sum of $40,000 is hereby appropriated and shall be paid out of the General Fund of the State of Delaware for the purpose of providing pension benefits to those recipients in Section 1 through 17 of this Act for FY 1977.

Section 19. The Board of Pension Trustees is directed to administer payment of the aforesaid pension benefits as if they were awarded pursuant to the provisions of Chapter 55, Title 29, or Chapter 83, Title 11, Delaware Code; and the aforesaid appropriation shall be deposited by the State Treasurer in the State Employees' Retirement Fund for the aforesaid purpose.

Section 20. Any portion of the funds appropriated by this Act which shall not have been expended for the purpose set forth shall revert on June 30, 1977, to the General Fund of the State of Delaware.

Section 21. The Sussex County Council is hereby directed to determine that Catherine Prettyman Wilkins is eligible for a pension benefit as if she were eligible pursuant to Chapter 64, Title 9, Delaware Code.

Section 22. This Act shall become effective July 1, 1976.

Approved August 6, 1976