Bill Text: DE SB324 | 2009-2010 | 145th General Assembly | Draft

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Bill Title: An Act To Amend Title 11 Of The Delaware Code Relating To The Delaware County And Municipal Police/firefighter Pension Plan.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Passed) 2010-07-15 - Signed by Governor [SB324 Detail]

Download: Delaware-2009-SB324-Draft.html

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SPONSOR:	Sen. Cook & Rep. D.P. Williams
	Sens. DeLuca & Simpson, Reps. Schwartzkopf & Oberle

DELAWARE STATE SENATE

145th GENERAL ASSEMBLY

SENATE BILL NO. 324

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THEDELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN.

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

Section 1.Amend §8802, Chapter 88, Title 11 of the Delaware Code by striking said section in its entirety and substituting in lieu thereof the following:

"§8802 Employment of Pensioners.

An individual shall not receive a service or disability pension under this chapter for any month during which the individual is an employee as defined in §8801 of this title, unless:

(1)     the individual is a police officer who has retired from one county or municipal employer and has beenappointed by the Executive branch and confirmed by the Legislative branch of a different county or municipal employer participating in the County Municipal Police/Firefighter Pension Plan; or

(2)     the individual is a temporary employee whose earnings from such employment do not exceed the maximum allowed by Social Security without affecting Social Security benefits, and

(3)     the individual's employment under 29 Del. C. §8802(1) and (2)is not pension creditable service time and may not be used to earn any retirement benefits in the Delaware County and Municipal Police/Firefighter Pension Plan."

SYNOPSIS

This Act clarifies the situations where a police or firefighter may retire from the employment of one Delaware county or municipal fire or police department and receive pension benefits, then subsequently obtain employment in a different county or municipal system while continuing to receive pension benefits from the County/Municipal Pole/Firefighter Pension Plan.

Author:Senator Cook