House Speaker Terry Spence and C.O.A.D. work together on HB 42

March 21 2003
In the recent months, many officers realized that under House Bill 42 we as correctional officers don't fall under the provision for law enforcement officers and the 25 year retirement. This is a issue that our union has taken up, and fought to get changed. Below you will see what HB 42 states now.

HOUSE OF REPRESENTATIVES
142nd GENERAL ASSEMBLY
HOUSE BILL NO. 42

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE EMPLOYEES PENSION PLAN.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 5501, Title 29, Delaware Code by adding a new definition "(j)" to read as follows:
"(j) ‘Law enforcement officer’ means an officer employed by a State law enforcement agency listed in § 1911 of Title 11, Delaware Code, or a probation and parole officer employed by the Department of Correction.".
Section 2. Amend § 5522(a), Title 29, Delaware Code by striking the word "or" at the end of paragraph (3), by striking the period at the end of paragraph (4) and inserting in lieu thereof "; or" and by adding a new paragraph "(5)" to read as follows:
"(5) The employee has twenty-five years of credited service and is a law enforcement officer.".
Section 3. Amend § 5522, Title 29, Delaware Code by adding a new Subsection (e) to read as follows:
"(e) The amount of the service pension payable to an employee who becomes eligible to receive a service pension pursuant to Subparagraph (5) of Subsection (a) of this Section shall not be reduced, regardless of the age of the employee.".
SYNOPSIS
This Bill permits law enforcement officers and probation and parole officers to retire after 25 years of service without penalty.

Now, take a look at what the amendment would change it to.

HOUSE OF REPRESENTATIVES
142nd GENERAL ASSEMBLY
HOUSE AMENDMENT NO. 1

TO HOUSE BILL NO. 42
AMEND House Bill No. 42 by striking lines 2 through 4 in their entirety and substituting in lieu thereof the following:
"(j) 'Law enforcement officer' means an officer employed by a State law enforcement agency listed in §1911 of Title 11, Delaware Code, or an officer employed by the Department of Corrections.".

SYNOPSIS
This Amendment defines "law enforcement officer" to include an officer employed by the Department of Corrections.


Now, take a close look at what line j stated above. It makes the 25 year retirement exclusive to just probation and parole.
Now, take a close look at what the amendment would change it too. It says an officer employed by the Department of Corrections.
Our union approached House Speaker Terry Spence, who is a co-sponsor of this bill, with a request to amend it. Speaker Spence readily agreed and the amendment above is the result.