Bill Text: DE HB327 | 2011-2012 | 146th General Assembly | Draft
Bill Title: An Act To Amend Title 29 Of The Delaware Code Relating To State Employees’ Pension Plan.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2012-06-21 - Passed by House of Representatives. Votes: Passed 40 YES 0 NO 0 NOT VOTING 1 ABSENT 0 VACANT [HB327 Detail]
Download: Delaware-2011-HB327-Draft.html
SPONSOR: |
Rep. Kowalko & Sen. Bunting |
|
Reps. Atkins, Bennett, Ramone, D. Short; Sens. Katz, Lawson, Marshall, Sorenson |
HOUSE OF REPRESENTATIVES 146th GENERAL ASSEMBLY |
HOUSE BILL NO. 327 |
AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE EMPLOYEES' PENSION PLAN. |
Section 1.Amend §5501(e), Title 29 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
(e) "Employee" shall mean an individual who:
(1) Is employed on a full-time or annual basis or on a regular
part-time basis, as the terms "full-time or annual basis" and
"regular part-time basis" are defined in rules and regulations
adopted by the Board, by:
a. The State, including elected or appointed officials; or
b. The State Department of Education, a school district which is part of the state school system, the University of Delaware, Delaware State University or Delaware Technical and Community College, the Wilmington Federal Credit Union; or
c. A state agency that is supported wholly or in part by funds granted to the State by the federal government;
(2) Is employed on a full-time or annual basis or on a regular part-time basis, as the terms "full-time or annual basis" and "regular part-time basis" are defined in rules and regulations adopted by the Board, except that an individual serving on a gubernatorial appointed board, council or commission after June 30, 2012, shall not be considered employed on a regular part-time basis;
(2)
(3) Receives compensation wholly or in part directly from the State
Treasury or from the Treasury through an agency within the State that is wholly
or in part supported by the State;
(3)
(4)a. Is not a member of any other state or municipal retirement system
which is financed in whole or in part by the State unless the state pension
plan provides for a unified state service pension and the member is not
concurrently accruing or collecting benefits under that system; and
b. Is not a member of a county pension plan with respect to which the employee is accruing credited service and to which the employee and/or the State is making contributions on account of employment with the State;
(4) (5)
A person who meets the requirements of this subsection shall be regarded as an
"employee" during the period he or she is on an approved leave and,
for school personnel who do not work on 12-month basis, during the period
between the expiration of such leave and the beginning of the next regular
school term.
SYNOPSIS
This bill is the result of recommendations made by the Joint Sunset Committee and revises the definition of "Employee" under the State Pension Plan so that individuals appointed by the Governor to a board, council or commission after June 30, 2012, will no longer be considered "regular part-time" employees under the Plan. |