Delaware General Assembly



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

Section 1. Section 8323, Title 11, Delaware Code, is repealed and a new Section 8323 enacted in lieu thereof to read as follows:

§ 8323. Eligibility for pensions; employment of pension beneficiaries by the State; exceptions.

(a) Any member of the State Police who has served as such for a period of 20 years, or who has reached the age of 55 years, upon application of the member, together with a certificate of such service, with the approval of the Board, shall be retired and shall thereupon receive monthly, from the Fund, an amount equal to one-half of the monthly salary received by such member at the time of retirement, except, that any such member receiving a monthly payment from the fund shall receive a minimum payment of not less than $150 per month regardless of his salary at the time of his retirement.

() Any former or present member of the State Highway Police, State Police or any successor or substitute therefor who shall have been a member of the County Police of New Castle County shall receive full credit for the time served in such County Police in computing the number of years' service required to receive pension benefits provided in subsection (a) of this section.

(c) No person, while receiving a pension under this Section, shall be employed by the State of Delaware in any capacity except by gubernatorial appointment or election by popular vote at a regular State election. During any such term by gubernatorial appointment or election, such person so employed shall not be entitled to a pension unless. he serves the term of office without pay. Nothing herein contained shall prevent a member of the General Assembly from receiving any pension which he may be entitled to under the provisions of this Chapter and at the same time receiving the compensation provided for by law for members of the General Assembly.

(d) Nothing in this Section shall prevent the employment by the State as a registration or election official or as a juror of any person receiving a State pension. Persons so employed may receive the compensation provided by law without deduction from their State pension.

Approved June 3, 1963.