[Adopted 10-10-2006 by Ord. No. 06-38]
This article is adopted pursuant to the powers
conferred upon the Levy Court of Kent County, Delaware (hereafter
"Levy Court") in 9 Del. C. § 4323. The Levy Court shall
administer the Kent County Retiree Benefits Program and shall be vested
with all the rights, duties and authority typically reserved for the
administration of such a program, including but not limited to determination
or selection of investment policy(s), fund allocation(s), investment
consultant(s), fund manager(s), investment structure, fund trustee(s),
investment type(s), fund administrator(s), and fund contribution(s).
This article shall be known as the "Kent County
Retiree Benefits Program."
An employee who shall become disabled while
actively employed and covered under a County-provided long-term disability
insurance shall be eligible as defined in this article to participate
in a Medicare supplement coverage when eligible and if offered.
At the time of the establishment of the tax
rate, the Levy Court may include, in addition to an amount for active
employees' salaries or wages, the amounts for those employees who
are carried on the retiree benefits listing, plus the amount for those
employees who might become eligible for retiree benefits during the
period covered in such budget.
Upon the death of any person receiving or eligible
to receive benefits under this article, such benefits will terminate.
Any dependent may be eligible for continuation of coverage at such
premium and lengths of time as determined by Levy Court and/or as
provided under law.
All official records of whatever kind or character
received or to be received by the Personnel Office on related benefit
matters shall be kept as all other official employee records of the
office are preserved.
The Personnel Administration Board shall be
responsible for settling any disagreement that may arise out of the
administration of this article by the Personnel Director. The Board
shall adjudicate such disagreement within 30 days of the date of receipt
of a written appeal, at a time and place to be fixed by the Board,
after due notice in writing to all interested parties at least 10
days prior to the date of hearing. The Board may administer oaths
and conduct such acts and make such rules as it deems necessary to
carry into effect the provisions of this article. The written concurring
decision of any four members shall be final.
The benefits provided by this article shall
not be subject to attachment or execution, shall be payable only to
or on behalf of the eligible person and/or eligible dependents, and
shall not be subject to assignment or transfer except as may otherwise
be provided by law.