Delaware General Assembly

CHAPTER 455

FORMERLY

HOUSE BILL NO. 1107

AN ACT TO AMEND CHAPTER 191, VOLUME 61, LAWS OF DELAWARE BY 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 BENEFITS AND INCREASING CERTAIN OTHER PENSION BENEFITS BY AMENDING CHAPTER 55, TITLE 29, DELAWARE CODE.

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

Section 1. Amend Section 1, Chapter 191, Volume 61, Laws of Delaware by striking the names Edna Wright, Wallace Truitt and A. James Gallo as they appear in said Section and inserting in lieu thereof the following:

Legislative Reference Nature of Monthly

VOL. CHAPTER Pensioner Pension Benefits Benefit

Section 2. Amend Section 2, Chapter 191, Volume 61, Laws of Delaware by adding immediately at the end thereof the following:

VOL. CHAPTER Pensioner Pension Benefits Benefit

60 214 Cathryn M. Shockley Survivor's $ 80.00

Section 3. Amend Section 5532 (d), Chapter 55, Title 29, Delaware Code, by striking said subsection in its entirety and substituting in lieu thereof a new subsection (d) to read as follows:

"(d)(i) Any service or survivor pension which became effec-

tive before 1975, and is payable on June 30, 1976, and any disability pension which became effective before 1975, and is payable on June

30, 1976 shall be increased effective January 1, 1976, in accordance with the following schedule:

Year pension Percent increase in

became effective pension effective 1/1/76

(ii) Any pension which, became effective before 1960 and is payable on June 30, 1976, to an individual who is not also receiving or eligible for benefits under the Federal Social Security Act (42 U.S.C. §301 et seq.) shall be increased by 35% effective January 1, 1976, provided that such increase shall be in lieu of, and not in addition to, the increases provided in accordance with the above schedule.

(i) The percentage increases in pensions provided for herein shall be applied to the correct amount determined as a result of audits made between May, 1971, and June, 1972, and shall only be paid to an individual if such correct amount inclusive of such increase, exceeds the amount of any pension being paid in accordance with Section 5533 (b) of this title.

(ii) Any pensioner whose pension became effective before 1975 and whose pension is payable as provided in subsection (d)(i) above, but whose pension benefits are not increased because of the restrictions contained in subsection (d)(iii) above, shall have the pension he or she is receiving increased by 10%."

Section 4. Amend Section 6, Chapter 191, Volume 61, Laws of Delaware by striking said section in its entirety and substituting in lieu thereof a new Section 6 to read as follows:

"6. For fiscal 1978 the sum of $113,700 is hereby appropriated and shall be paid out of the General Fund of the State of Delaware from funds not otherwise appropriated for the purpose of providing funding for the benefits granted by this Act. Over the next five

Section 5. Amend Section 7, Chapter 191, Volume 61, Laws of Delaware by striking said section in its entirety and substituting in lieu thereof the following:

"7. If and when there are no special pension payments payable, and there are no special pension liabilities due and there exist unexpended funds in the Special Pension Fund, such funds shall revert to the General Fund of the State of Delaware."

Section 6. Amend Section 9, Chapter 191, Volume 61, Laws of Delaware by striking said section in its entirety and substituting in lieu thereof the following:

"9. A special pension fund is hereby established and shall be known as the 'Special Pension Fund'. The monies appropriated in Section 6 shall be deposited into this Fund and the Board of

Pension Trustees shall have exclusive responsibility for the administration of the Special Trust Fund in the same manner and pursuant to the statutes and regulations as set forth in Title 29, Chapter 83, Section 8308. The Board is hereby authorized to commingle the assets of the Special Pension Fund with the assets of the State Employees' Pension Fund for investment purposes only and shall maintain separate books and accounts for the Special Pension Fund and shall allocate all income and expenses on a proportionate basis between the two Funds."

Section 7. Amend Chapter 191, Volume 61, Laws of Delaware, by adding a new section thereto to read as follows:

"Section 10. Notwithstanding any provisions to the contrary contained in Chapter 55, Title 29, Delaware Code, former Delaware elected officials who served for a minimum of five (5) years, which years were served before June 1970, or were served partly before June 1970, and partly after June 1970, shall be eligible to receive pension awards paid entirely from 'Special Pension Fund' established herein, according to the terms and conditions of Chapter 55, Title 29, Delaware Code, and all regulations promulgated thereunder.

An amount sufficient to fully fund the pension awards granted under this section is hereby appropriated from General Fund monies not otherwise appropriated. The State Treasurer is hereby directed to deposit said amount in the Special Pension Fund as each such special pension award becomes payable. The amounts so deposited shall be controlled and administered according to the terms of Sections 7 and 9 of this Act."

Section 8. Amend Section 5527 (d), Chapter 55, Title 29, Delaware Code, by adding at the end thereof a new paragraph to read as follows:

"The minimum pensions provided for in this subsection shall apply to all elected officials retrospectively."

Section 9. This Act shall be effective retroactively to July 1, 1977, except that Section 2 shall be effective retroactively to December 1, 1976, and Section 3 shall be deemed effective at the same time and date as Chapter 483, Volume 60, Laws of Delaware, and Sections 8, 9 and 10 shall be effective on the date of enactment.

Approved July 8, 1978.