Thomas R. Carper v. Albert J. Stiftel

This is a declaratory and injunctive action brought by plaintiffs, members of the Bench of the Superior Court of the State
of Delaware, against certain State officials who are sued in their official capacities. 1 Plaintiffs allege that 60 Del.Laws
ch. 649, (hereinafter "the 1976 Amendment") which amended the State Judiciary Pension Act (29 Del.C. ch. 56) by requiring
an increased contribution rate for their participation in the judiciary retirement system, is unconstitutional as applied
to them. The amendment was enacted on July 27, 1976 when it was signed by Governor Tribbitt. By its terms, the Act was effective
on June 30, 1976. The plaintiffs argue the Act is not intended to apply to them as a matter of statutory construction, is
violative of Article XV, § 4 of the Constitution of the State of Delaware because it diminishes their salary or
emoluments after their appointments, and also offends Article I, § 10 of the Constitution of the United States because
it impairs their contract rights in their pensions. The plaintiffs seek a permanent injunction enjoining the defendants from
making the increased deductions and restoration of all funds which have been deducted from their compensation to date on the
strength of the challenged amendment. Cross motions for summary judgment were filed by the parties on the pleadings and a stipulated set of facts. Vice Chancellor
Brown denied defendants' motion and granted plaintiffs in an opinion dated July 22, 1977. Stiftel v. Carper, Del. Ch., 378
A.2d 124 (1977). 2