20 Del. C. § 185

Personnel employed by the State to support the operations and maintenance of the National Guard shall be exempt from the state merit system and shall be paid in accordance with like positions as Department of Defense employees. Such employees shall be governed in a like manner in accordance with the rules and regulations which pertain to Department of Defense employees except for: retirement benefits, health benefits, severance packages, and unused sick leave; all of which shall be administered in the same manner as state merit system employees. For all state positions in the National Guard, the Adjutant General or designee will determine whether the position will be classified to be governed in a like manner to either a Department of Defense employee position established under Title 5 of the United States Code or a Department of Defense position established under Title 32 of the United States Code.