Delaware General Assembly




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

Section 1. § 5602 (a), Title 29, Delaware Code, is amended to read as follows:

§ 5602. State Judiciary Retirement Fund; contributions; use

(a) The State Judiciary Retirement Fund shall be established and maintained by the Trustees. The State Treasurer shall act as the Trustees' agent in the care of the assets of the Fund. Each member of the State Judiciary who elects to accept the provisions of this chapter shall contribute each year 5% of that portion of his annual salary which does not exceed $7,500 to the Fund. Such contributions shall be prorated on a monthly basis.

Section 2. The first paragraph of § 5603 (a), Title 29, Delaware Code, is amended to read as follows:

§ 5603. State Judiciary defined; composition; requirements for pension benefits

(a) The term "State Judiciary" as used in this chapter includes the Judges mentioned in Article IV, Section 2, of the Constitution of Delaware, and any other Judge of a Court of record who :

1. Is appointed by the Governor and confirmed by the Senate; and

1. Receives his entire remuneration as Judge in the form of a salary paid by the State of Delaware; and

3. Is, by law during his tenure of office either prohibited from practicing law, or else prohibited from engaging in any other gainful occupation.

Section 3. § 5607 (a), Title 29, Delaware Code, is amended to read as follows :

§ 5607. Manner of making claim for benefits

(a) A judge entitled to benefits under section 56e (a) of this chapter may make claim therefor by giving notice in writing to the Trustees that he has attained the age of 65 years and desires to receive such benefits.

Section 4. § 5607 (d), Title 29, Delaware Code is amended to read as follows :

(d) Upon receipt of any notice hereinabove mentioned, the Trustees shall consider the retirement and if they find that benefits are due under this chapter they shall notify the State Treasurer who shall make payments of benefits hereunder out of the State Judiciary Retirement Fund or out of funds transferred for the purpose from the General Fund, as provided in section 5602 of this title.

Section 5. Chapter 56, Title 29, Delaware Code, is amended by adding thereto a new section as follows :

§ 5610. Relationship of judicial pensions to other pensions; Social Security

(a) No Judge entitled to a pension under this chapter shall be entitled to any other pension payable by the State under any law of the State.

(b) Nothing contained in this chapter shall prevent any Judge from participating on the same basis as other State employees in the Social Security program except that federal Social Security payments to which a Judge may become entitled shall not be deducted from any pension payments made under this chapter.

Section 6. This act shall be effective as of November 8, 1955.

Approved December 19, 1955.