Carper v. Stiftel

*3QUILLEN, Justice Ad Litem,

for the majority:

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.G. 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…