State v. Abbott

48 A.2d 745, 43 Del. 472, 4 Terry 472, 1946 Del. Super. LEXIS 63
CourtSuperior Court of Delaware
DecidedAugust 29, 1946
StatusPublished
Cited by5 cases

This text of 48 A.2d 745 (State v. Abbott) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Abbott, 48 A.2d 745, 43 Del. 472, 4 Terry 472, 1946 Del. Super. LEXIS 63 (Del. Ct. App. 1946).

Opinion

Pearson, J.

Relator served twenty years as a member of the Delaware State Police. In May, 1944, he was retired upon his own application. The parties are in accord that he is entitled to benefits under an act creating a State Police Pension Board and providing for pensions for retired State Police, 41 Laws of Del., pp. 790-792. The question is how much should his pension be.

[474]*474The act provides for a retirement fund and directs that any membér of the State Police retired as was relator, shall “receive monthly, from the said Fund, an amount equal to one-half of the monthly salary recéived by such member at the time of his retirement.” Relator was being paid $200 a month just before his retirement.. This monthly payment was broken down on the payroll records of the Highway Department into three items: $170 as a “base salary”; $15 under the provisions of the “State Police Compensation Plan”; and $15 under the provisions of an act relating to cost of living increases in salary of State employees, 44 Laws of Del., pp. 190-192. The Pension Board determined relator’s pension at the rate of $85 per month, being one-half of the $170 “base salary.” Relator demanded the monthly sum of $100, being one-half of the total $200 which he had been receiving. Upon the Board’s refusal, relator brought this proceeding to require payment of a pension in accordance with his demand.

The parties disagree as to the meaning of the expression “monthly salary received by such member at the time of his retirement,” as used in the Pension Act. Specifically, we are called upon to decide whether or not, in computing such “monthly salary” of relator, there should be included either or both amounts of $15 each, which he received as .part of the gross monthly payments to him before retirement, by virtue of the Police Compensation Plan and the act concerning cost of living increases.

The legislature has employed the word “salary” as an important term of the measure it establishes for a pension. The sense in which “salary” should be construed is determined by its context," verbal and situational. For some time prior to the adoption of the Pension Act in 1937, there. existed á statute'authorizing the Highway Department to appoint traffic officers officially known as “State [475]*475Police”; and directing that they be classified as “captains, lieutenants, sergeants, corporals and privates, according to the duties assigned to. them from time to time by the Department.” Rev. Code of Del., 1935, sec. 5747. A related act, found in 35 Laws of Del., p. 169, consists of directions with respect to each of the above ranks of officers that they' “shall receive a salary not less than” so many dollars per month. Thus, for a corporal, which was relator’s rank before retirement, it provides:, “that each of said corporals shall receive a salary not less than One Hundred and Sixty Dollars per month,” At the end of this statute, the following words were added by an amendment in 1931, 3.7 Laws of Del., p. 302: “said salaries to be payable on the first and fifteenth of each and every month.” It should be noted that the statute does not prescribe specific amounts as compensation for the various officers; but after setting minimum rates of “salaries,” it leaves to the Highway Department the fixing of the precise amount, above such rates, in any particular case. For convenience, the statute will be referred to as the Minimum Salary Act.

When the Pension Act was adopted, the Highway Department was, presumably, acting within the authority of the Minimum Salary Act in compensating the State Police. With this background, it seems evident that the word “salary” was used in each act in a usual and ordinary sense of that term: “the recompense or consideration paid, or stipulated to be paid, to a person at regular intervals for services, esp. to holders of official, executive, or clerical positions; fixed compensation regularly paid, as by the year, quarter, month, or week.”. Webster’s New International Dictionary, 2d Ed., p. 2203. The undisputed amount of $170 of the $200 monthly payments to relator is within this definition, and it would seem to be for this very reason that that amount may properly be treated as “salary” under the acts.

[476]*476Let us now take up the disputed amount of $15, paid under the so-called State Police Compensation Incentive Plan. The Highway Department adopted this plan in May, 1942. It begins with a statement of its purposes and refers to certain' unsatisfactory conditions in the State Police force. Briefly, these were that promotion of officers was slow; that officers had not been offered an incentive to continue improvement in their qualifications; that there had been no satisfactory method of supplementing their salary; that the Department had not made available a continued training program; that there were few men trained to accept administrative positions. Continuing, we read:

“To eliminate these conditions as far as is practical, the following plan is submitted.

¡ “(a) To create a Police Training Program, with objective of qualifying the individual Officer for promotion in grade, or to give him a rating as Specialist in that field of activity with which he is associated.

“ (b) Police administration demands that police training develop, in the individual, and in the Department, the following qualities: A high state of morale, good discipline, health, strength and endurance, technical proficiency, initiative, adaptability, leadership and team work.

“With these objectives in mind, we propose to establish in our Police Training Program, a series of Extension Courses, followed by short in-service training schools. * * *

“The Extension Courses will progress from the elementary to the more advanced subjects and will be given in a series of sub-courses with lessons assignments, and will not be limited to any specific time for completion. A rating of 85% will be considered as passing grade and will qualify the individual for entrance to the training school.

[477]*477“It is contemplated that after an individual has completed his Extension Course he will be given the opportunity to enter the Police Training School, and after qualifying in his final examination with an average of 85%, he will be rated as a Specialist in the subject which he has selected. * * *”

Under the heading “State Police Specialists,” these provisions, among others, are made:

“The following table is suggested as an outline of Specialists with rates of pay in each grade.

Monthly

Rating Pay.

Specialist 1st Class Active (Must have passed examination in specific field and be actively engaged in that field) 10.00

Specialist 2nd Class Active (Must have passed examination in specific field other than the one actively engaged in.) 5.00

Specialist 3rd Class Inactive (Must have passed examination in specific field other than required in the rating of Specialist 1st or 2nd Class Active) 2.00

Expert Marksman (Must have passed the examination conducted by Sergeant G. K. Shockley.) 3.00”

The plan specifies qualifications for the various specialists’ ratings.1 Relator met the requirements for “rat[478]*478ings” which, under the plan, .qualified him for “monthly pay” of $15.

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Cite This Page — Counsel Stack

Bluebook (online)
48 A.2d 745, 43 Del. 472, 4 Terry 472, 1946 Del. Super. LEXIS 63, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-abbott-delsuperct-1946.