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1975 Delaware Attorney General Reports and Opinions 1 (1975)

handle is hein.sag/sagde0057 and id is 1 raw text is: The Honorable Mary D. Jornlin DISCUSSION: The facts, as contained in documents accompanying your opinion request, are as follows: In November 1974, the State Personnel Commission adopted Merit System Rule 5.1057 as part of the pay plan package applicable to employees assigned to positions of hazardous duty. In its entirety, Rule 5.1057 provides: In extraordinary situations, where the Commission at its discretion, determines that the risk of serious physical harm could cause continuing loss of earning potential to the family of the employees involved, Family Blue Cross protection may be provided to the employees by the agency, within its appropriations, in addition to the hazardous duties supple- ment provided for in Rule 5.1051. (Emphasis added..) Pursuant to that rule, the Commission subse- quently passed a resolution declaring that all employees of the Division of Adult Corrections previously receiving a special $400 hazardous duty pay supplement be approved by the Commission . . . to receive hazard duty family.Blue Cross benefits as of October 1, 1974. . . . Following the Commission's action, you received vouchers from the Department of Health and Social Services seeking payment of family plan health insurance coverage from the Department of Health and Social Services health insurance appropriation for fiscal 1975. 2-

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