Subchapter II. Eligibility Requirements and Benefits
TITLE 29
State Government
Public Officers and Employees
CHAPTER 55. STATE EMPLOYEES' PENSION PLAN
Subchapter II. Eligibility Requirements and Benefits
§ 5519. Disability insurance option.
(a) An employee who, as of January 1, 2006, has fewer than 5 years of credited service, will be ineligible for disability pension coverage under § 5524 of this title and shall be covered under the Disability Insurance Program under Chapter 52A of this title.
(b) An employee who, as of January 1, 2006, has 5 or more years of credited service may elect either:
(1) To continue coverage under the disability pension provisions of § 5524 of this title; or,
(2) To elect coverage under the Disability Insurance Program provided in Chapter 52A of this title.
This election must be made in a form approved by the Board, and filed prior to December 15, 2005, in the State Pension Office, and shall be effective January 1, 2006. All elections made pursuant to this subsection shall be irrevocable. Members of the Delaware National Guard or members of the U.S. Armed Forces Reserves who are serving on active duty during the period of election required pursuant to this subsection shall elect a coverage option within 45 days of discharge from active duty.
(c) If it is determined by the State Pension Administrator that an employee is or was unable to make this election in a timely manner due to circumstances beyond the employee's control, the Administrator, in the Administrator's sole and absolute discretion, may extend the time period for making the election beyond the periods specified in this section.
(d) An employee who elected disability pension coverage pursuant to subsection (b) of this section, may elect to either: continue coverage under the disability pension provisions under § 5524 of this title; or elect to be covered under the Disability Insurance Program under Chapter 52A of this title. This election must be made in a form approved by the Committee, filed prior to December 15, 2006, to be effective January 1, 2007 and shall be irrevocable; however, if the date of disability is prior to January 1, 2007 coverage in the Disability Insurance Program will commence on the first day the employee returns to work after January 1, 2007. The employee will be required to submit evidence of insurability satisfactory to the carrier. All members of the Delaware National Guard or members of the U.S. Armed Forces Reserves who have been called to active duty must make their election within 45 days of the date they are no longer on active duty.
75 Del. Laws, c. 191, § 2; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 227, § 6; 75 Del. Laws, c. 351, § 1.;
§ 5520. Retirement option.
When an employee applies for a pension, he or she shall choose either a unified pension or an ordinary pension.
67 Del. Laws, c. 86, § 5.;
§ 5521. Amount of unified service, disability or survivor pension.
The amount of the unified pension payable to an employee, former employee or survivor shall be the sum of:
(1) The amount computed according to this chapter exclusive of service credited under § 5501(d)(14) of this title; plus
(2) The sum of the amounts computed, based on credited service as an employee, according to subchapter II of Chapter 55A of this title; subchapter III of Chapter 83 of Title 11; and Chapter 88 of Title 11; and, the amount computed based on credited service as a member, according to Chapter 56 of this title.
67 Del. Laws, c. 86, § 5; 71 Del. Laws, c. 365, § 3.;
§ 5522. Eligibility for service pension.
(a) An employee shall become eligible to receive a service pension, beginning with the month after the employee has terminated employment, if:
(1) The employee has 5 years of credited service, exclusive of service credited under § 5501(d)(4), (5) and (12) of this title, and has attained age 62;
(2) The employee has 15 years of credited service, exclusive of service credited under § 5501(d)(4), (5) and (12) of this title, and has attained age 60;
(3) The employee has 30 years of credited service; or
(4) The employee has 25 years of credited service, exclusive of service credited under § 5501(d)(4), (5) and (12) of this title, regardless of age.
(b) A former employee with a vested right to a service pension shall become eligible to receive such pension, computed in accordance with this chapter beginning with the first month after his or her attainment of:
(1) Age 60 if credited service is equal to or greater than 20 years and includes service prior to July 1, 1976; or
(2) Age 62 if credited service is equal to or greater than 5 years.
(c) An employee shall become eligible to receive a reduced service pension, beginning with the month after he or she has terminated employment, if he or she has 15 years of credited service, exclusive of service credited under § 5501(d)(4), (5) and (12) of this title, and has attained age 55; the amount of the service pension payable to such an employee shall be reduced by 2/10 percent of each month the employee is under age 60.
(d) The amount of the service pension payable to an employee who becomes eligible to receive a service pension pursuant to paragraph (4) of subsection (a) of this section shall be reduced by 2/10 percent for each month of credited service the employee has less than 30 years.
29 Del. C. 1953, § 5522; 57 Del. Laws, c. 592, § 1; 57 Del. Laws, c. 702; 58 Del. Laws, c. 180, § 3; 60 Del. Laws, c. 483, §§ 15, 16; 62 Del. Laws, c. 392, §§ 1, 2; 63 Del. Laws, c. 423, § 2; 67 Del. Laws, c. 124, §§ 2, 3; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 524, §§ 7, 10; 72 Del. Laws, c. 253, § 1.;
§ 5523. Vested right to service pension.
(a) An employee who has 5 years of credited service exclusive of service under § 5501(d)(4), (5) and (12) of this title shall have a vested right to a pension.
(b) A former employee's vested right shall be forfeited upon an application for a refund of the former employee's accumulated contributions.
29 Del. C. 1953, § 5523; 57 Del. Laws, c. 592, § 1; 60 Del. Laws, c. 483, § 17; 63 Del. Laws, c. 423, § 3; 66 Del. Laws, c. 370, § 2; 67 Del. Laws, c. 124, § 4; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 524, § 8.;
§ 5524. Eligibility for disability pension.
(a) An employee who has 5 years of credited service, exclusive of service credited under § 5501(d)(4), (5) and (12) of this title, and becomes disabled shall become eligible to receive a disability pension beginning with the fourth month following the inception of his or her disability. Such individual shall cease to be eligible at the end of the month in which he or she recovers from disability and is again offered employment as an employee, if such recovery and offer of employment occurs before his or her attainment of age 60.
(b) Such an employee shall be kept on the active payroll and receive credited service from the inception of the employee's disability to the end of the third month following and shall receive payments at the same rate of compensation the employee received before the employee became disabled.
(c) An employee shall be deemed disabled for the purposes of this section if the employee has a physical or mental disability which prevents the employee from performing the duties of the employee's position.
(d) An employee who previously elected to participate in the disability insurance option pursuant to § 5519(b)(2) of this title and has been deemed disabled pursuant to § 5253(c) of this title and whose benefit under the disability insurance option has been discontinued because of the limits of coverage for mental illness or substance abuse have been exhausted, shall be deemed to be disabled for the purposes of this section and be covered under the disability pension provisions of this section.
29 Del. C. 1953, § 5524; 57 Del. Laws, c. 592, § 1; 60 Del. Laws, c. 483, § 18; 67 Del. Laws, c. 124, § 5; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 524, § 9; 76 Del. Laws, c. 324, § 3.;
§ 5525. Payment of service pension.
Service pension payments shall be made to a retired employee or former employee for each month beginning with the month in which the retired employee or former employee becomes eligible to receive such pension and ending with the month in which the retired employee or former employee dies.
29 Del. C. 1953, § 5525; 57 Del. Laws, c. 592, § 1; 70 Del. Laws, c. 186, § 1.;
§ 5526. Payment of disability pension.
(a) Disability pension payments shall be made to a retired employee for each month beginning with the month in which the retired employee becomes eligible to receive such pension and ending with the month in which the retired employee ceases to be eligible or dies.
(b) Any disability pensioner who has not attained age 60 shall report to the Board by April 30 each year, beginning in 1972, in a form prescribed by the Board, the total earnings from any gainful occupation or business in the preceding calendar year. The excess of such earnings over one half of the annual rate of compensation, adjusted annually for any increase in the total "Median Usual Weekly Earnings" as published by the U.S. Department of Labor, received before the pensioner became disabled shall be deducted from the disability pension during the 12 months beginning in July of the year following the calendar year for which earnings are reported, in a manner determined by the Board. If any person received a disability pension for less than 12 months in the calendar year for which earnings are reported, the deduction, if any, shall be determined on a pro rata basis.
(c) Any disability pensioner who was employed as a "police officer" as defined in § 8401(5) of Title 11 or employed as an officer of the Capitol Police who has not attained age 60 shall report to the Board by April 30 each year, in a form prescribed by the Board, their total earnings from any gainful occupation or business in the preceding calendar year. The excess of such earnings over the annual rate of compensation, adjusted annually for any increase in the total "Median Usual Weekly Earnings" as published by the U.S. Department of Labor, received at the time of the disability shall be deducted from their disability pension during the 12 months beginning in July of the year following the calendar year for which the earnings are reported, in a manner determined by the Board. If any person received a disability pension for less than 12 months in the calendar year for which earnings are reported, the deduction, if any, shall be determined on a pro-rata basis.
(d) Termination of a disability pension on account of recovery from disability shall not prejudice the right of the pensioner to qualify subsequently for a service pension or another disability pension.
29 Del. C. 1953, § 5526; 57 Del. Laws, c. 592, § 1; 58 Del. Laws, c. 180, § 2G; 63 Del. Laws, c. 310, §§ 1, 2; 68 Del. Laws, c. 364, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 46, § 1.;
§ 5527. Amount of ordinary service or disability pension.
(a) The amount of the monthly service or disability pension payable to an employee or former employee shall be the sum of 2.0% of his or her final average compensation multiplied by the number of years, taken to the nearest twelfth of a year, in his or her period of credited service prior to January 1, 1997, plus 1.85% of his or her final average compensation multiplied by the number of years, taken to the nearest twelfth of a year, in his or her period of credited service after December 31, 1996. The amount payable to a participant who does not make the additional contribution provided in § 5501(h) of this title for years of credited service before 1977 shall be the sum of 2.0% of his or her final average compensation multiplied by the number of years, taken to the nearest twelfth of a year, in his or her period of credited service between January 1, 1977, and December 31, 1996, plus 2.0% of his or her final average compensation multiplied by the number of years, taken to the nearest twelfth of a year, in his or her period of credited service prior to January 1, 1977, provided that the maximum amount based on the service before 1977 is $1,000, plus 1.85% of his or her final average compensation multiplied by the number of years, taken to the nearest twelfth of a year, in his or her period of credited service after December 31, 1996.
(b) In the case of an employee or former employee whose credited service under § 5501(d)(1), (2) and (3) of this title includes service before June 1970, the minimum amount payable shall be:
(1) If he or she has 15 years of such credited service, the lesser of $150 or his or her final average compensation; or
(2) If he or she does not have 15 years of such credited service, the minimum amount payable under subsection (c) of this section, subject to the limitation specified in subsection (c) of this section.
(c) In the case of an employee or former employee whose credited service under § 5501(d)(1), (2) and (3) of this title does not include service before June 1970, but does include service prior to July 1, 1976, the minimum amount payable shall be $5 multiplied by the number of years, taken to the nearest twelfth of a year, in his or her period of credited service, but not more than 30 such years.
(d)(1) Notwithstanding provisions of this chapter to the contrary, an elected official shall receive a pension computed in accordance with this subsection. The service or disability pension payable to the elected official and the survivor's pension payable to the eligible survivor of such individuals shall be computed on the basis of compensation to the elected official as an elected official irrespective of other credited service, with contribution to be determined based upon compensation as an elected official. The minimum amount of pension payable to an elected member of the General Assembly or a retired elected member of the General Assembly shall be computed by multiplying his or her years of service as an elected member of the General Assembly times the highest rate of payment being paid to any retired member of the General Assembly, such rate to be computed by dividing the monthly pension being paid to such retired member by his or her years of service as an elected member of the General Assembly. An elected official shall be eligible to receive a pension beginning with the first month after the attainment of age 60, provided that he or she shall have served at least 5 years at the time of his or her termination of service as an elected official, or beginning with the first month after attainment of age 55, provided that he or she shall have served at least 10 years at the time of his or her termination of service as an elected official. Any pension for credited service other than as an elected official shall be determined under the remainder of this chapter as a separate pension.
(2)a. The minimum amount of pension payable to a statewide elected official shall be computed by multiplying his or her years of service as an elected official times the highest rate of payment being paid to any retired member of the General Assembly. The employee must elect to receive the minimum pension provided for in this subsection prior to the issuance of his or her 1st benefit check. This election must be made in a form approved by the Board and shall be irrevocable.
b. A statewide elected official receiving a service or disability pension which was effective prior to July 1, 1996, may elect to receive the minimum provisions of subsection (a) of this section. This election must be made in a form approved by the Board, filed prior to July 31, 1996, to be effective August 1, 1995, for statewide elected officials receiving a service or disability pension on July 1, 1996.
(e) Any section of this chapter to the contrary notwithstanding, the amount of the monthly service or disability pension payable to any regular part-time employee who is not employed on a full-time or annual basis, as the term full-time or annual basis is defined in rules and regulations adopted by the Board, shall be determined in accordance with subsection (a) of this section, provided that no minimum amount shall be payable to any such regular part-time employee. However, for any public school cafeteria employee who entered state service on or before July 1, 1971, and who accrues 15 years of credited service as an employee under § 5501(d)(1) of this title by the date of the employee's retirement eligibility, shall receive, beginning at age 62, a minimum amount which, when combined with the social security benefit, shall not be less than $200 per month.
(f) Notwithstanding provisions of this chapter to the contrary, the minimum amount of monthly service, including vested, or disability pension payable to any full-time or regular part-time employee shall be $1 multiplied by each year of service taken to the nearest 1/12 of a year. In the case of a regular part-time cafeteria worker also eligible for a minimum pension under subsection (e) of this section, the minimum shall be the greater of subsection (e) or this subsection. The minimums specified in this subsection shall not apply to members of boards or commissions.
(g)(1) Notwithstanding provisions of this section to the contrary, an employee may elect to have his or her service or disability pension, computed under this section, reduced by 3% thereby providing a survivor's pension equal to 75% of such reduced amount to the employee's eligible survivor or survivors at the time of the employee's death. This election must be made in a form approved by the Board, filed prior to the issuance of his or her first benefit check and shall be irrevocable.
(2) Notwithstanding the provisions of this section to the contrary, an individual receiving a service or disability pension which was effective prior to July 1, 1989, or an individual with a vested right to a service pension may elect to have his or her service or disability pension reduced by 3%, thereby providing a survivor's pension equal to 75% of such reduced amount to his or her eligible survivor or survivors at the time of his or her death. This election must be made in a form approved by the Board, filed prior to December 15, 1989, to be effective January 1, 1990, for individuals receiving a service or disability pension on July 1, 1989, or, in the case of an individual with a vested right to a service pension, filed prior to the issuance of his or her first pension check.
29 Del. C. 1953, § 5527; 57 Del. Laws, c. 592, § 1; 58 Del. Laws, c. 180, §§ 2H, 2I; 58 Del. Laws, c. 527, § 1F; 60 Del. Laws, c. 214, § 1; 60 Del. Laws, c. 483, §§ 19-22; 61 Del. Laws, c. 409, § 96; 61 Del. Laws, c. 454, §§ 5-9, 12; 61 Del. Laws, c. 455, § 8; 61 Del. Laws, c. 519, § 29; 63 Del. Laws, c. 199, § 1; 63 Del. Laws, c. 244, § 1; 66 Del. Laws, c. 172, § 1; 66 Del. Laws, c. 422, § 1; 67 Del. Laws, c. 47, §§ 66, 69; 67 Del. Laws, c. 86, § 13; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 425, § 75; 70 Del. Laws, c. 524, §§ 1-3; 72 Del. Laws, c. 438, § 1; 73 Del. Laws, c. 146, § 1.;
§ 5528. Ordinary survivor's pension.
(a)(1) Upon the death of an employee who has 5 years of credited service, exclusive of service credited under § 5501(d)(4), (5) and (12) of this title, a monthly survivor's pension shall be payable to his or her eligible survivor or survivors equal to 3/4 of the service pension the employee would have been eligible to receive had he or she elected the option provided under § 5527(g) of this title.
(2) A survivor's pension shall begin with the month following the month in which the employee dies. If payable to a widow or widower, it shall cease with the month in which the survivor dies. If payable to a parent, it shall cease with the month in which the parent dies. If payable to a child, it shall cease with the month in which the child dies or fails to meet the conditions of eligibility in paragraph (2) of subsection (d) of this section.
(b)(1) Upon the death of an individual receiving a service or disability pension at the time of his or her death, a monthly survivor's pension shall be payable to his or her eligible survivor or survivors equal to the greater of (i) 50% of such service or disability pension, or (ii) if such pension was computed under the provisions of § 5527(g) of this title, 75% of such service or disability pension.
(2) A survivor's pension shall begin with the month following the month in which the pensioner dies. If payable to a widow or widower, it shall cease with the month in which the survivor dies. If payable to a parent, it shall cease with the month in which the parent dies. If payable to a child, it shall cease with the month in which the child dies or fails to meet the conditions of eligibility in paragraph (2) of subsection (d) of this section.
(c) Upon the death of a former employee with a vested right to a pension, a monthly survivor's pension equal to one half of the former employee's entitlement shall be payable to his or her eligible survivor or survivors beginning with the month that the former employee would have been eligible to receive such pension. If payable to a widow or widower, it shall cease with the month in which the survivor dies. If payable to a parent, it shall cease with the month in which the parent dies. If payable to a child, it shall cease with the month in which the child dies or fails to meet the conditions of eligibility in paragraph (2) of subsection (d) of this section.
(d) For the purpose of this section, the eligible survivors of any employee covered under this chapter on or after the effective date of the 1976 Pension Act shall be as follows, provided that an employee may change the priority of eligible survivors specified for herein by designating his or her priority of eligible survivors on a form prescribed by the Board and filed with the Board at the time of the employee's death:
(1) The widow or widower; or
(2) If there is no eligible widow or eligible widower, a child (or, with the survivor's pension divided among them in equal shares, all such children if there are more than 1), provided the child is unmarried and either:
a. Has not attained age 18;
b. Has attained age 18 but not age 22 and is attending school on a full-time basis; or
c. Has attained age 18 and is permanently disabled as the result of a disability which began before the child attained age 18; or
(3) If there is no eligible widow, eligible widower or eligible child, a dependent parent (or, with the survivor's pension divided between them in equal shares, both such parents if there are 2).
(e) The amount payable to a widow or widower who has not attained age 50 at the time the survivor's pension begins shall be actuarially reduced, in accordance with actuarial tables approved by the Board, for each month the survivor is under age 50 at such time. However, the actuarial reduction for any such widow or widower shall not apply for the period during which such widow or widower has in his or her care a son or daughter who is unmarried and either: (1) Has not attained age 18, (2) has attained age 18 but not age 22 and is attending school on a full-time basis or (3) has attained age 18 and is permanently disabled as the result of a disability which began before the child attained age 18.
(f) A parent shall be deemed to have been dependent on the deceased employee, former employee or pensioner if such individual was receiving at least one half of his or her support from such deceased person at the time of death.
29 Del. C. 1953, § 5528; 57 Del. Laws, c. 57; 57 Del. Laws, c. 592, § 1; 58 Del. Laws, c. 180, § 2J; 60 Del. Laws, c. 203, §§ 1, 2; 60 Del. Laws, c. 483, §§ 23-26; 61 Del. Laws, c. 454, §§ 10, 11; 64 Del. Laws, c. 417, § 1; 65 Del. Laws, c. 73, §§ 1-5; 66 Del. Laws, c. 159, § 1; 66 Del. Laws, c. 422, §§ 2, 3; 67 Del. Laws, c. 86, § 15; 67 Del. Laws, c. 124, § 6; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 524, §§ 4, 5.;
§ 5529. Death benefit.
Upon the death of an employee, former employee or pensioner or if a survivor's pension is payable upon such death, when such pension ceases to be payable, there shall be paid to the designated beneficiary or, in the absence of a designated beneficiary, to the estate of the employee, former employee or pensioner a lump sum equal to the excess, if any, of the accumulated employee contributions with interest over the aggregate of all pension payments made.
29 Del. C. 1953, § 5529; 57 Del. Laws, c. 592, § 1.;
§ 5530. Withdrawal benefit.
Upon the withdrawal from service of an employee who is not eligible for a service or disability pension, the accumulated contributions with interest shall be paid to the employee.
29 Del. C. 1953, § 5530; 57 Del. Laws, c. 592, § 1; 61 Del. Laws, c. 453, § 6; 65 Del. Laws, c. 342, § 3; 70 Del. Laws, c. 186, § 1.;
§ 5531. Application for benefits.
(a) A service pension, disability pension, survivor's pension, death benefit or withdrawal benefit shall be paid only upon the filing of an application in a form prescribed by the Board. A monthly benefit shall not be payable for any month earlier than the second month preceding the date on which the application for such benefit is filed. Said 2-month look-back restriction shall not apply to applications pursuant to § 5524 of this title.
(b) The Board may require any employee, former employee or eligible survivor to furnish such information as may be required for the determination of benefits under this chapter, or to authorize the Board to procure such information including, but not limited to, information regarding benefits pursuant to the federal Social Security Act [42 U.S.C. § 301 et seq.]. The Board may withhold payment of any pension under this chapter whenever the determination of such pension is dependent upon such information and the employee, former employee or eligible survivor does not cooperate in the furnishing or procuring thereof.
(c) A service pension, disability pension, or survivor's pension applied for under this act may be paid into a Miller Trust Bank account, pursuant to the creation of an irrevocable income assignment trust ("Miller Trust"), established on behalf of an eligible pensioner or survivor covered under this chapter who is a person with disabilities, so long as the Miller Trust is established consistent with the laws of the State of Delaware, the laws of the United States and in accordance with the rules and regulations of the local and federal agencies responsible for administering assistance programs for persons with disabilities.
29 Del. C. 1953, § 5531; 57 Del. Laws, c. 592, § 1; 60 Del. Laws, c. 483, § 27; 65 Del. Laws, c. 342, § 4; 75 Del. Laws, c. 135, § 1; 77 Del. Laws, c. 408, § 1.;
§ 5532. Increases in pensions.
(a) Any monthly service or disability pension which became effective on or before January 1, 1993, and is payable on the date this subsection is enacted into law and any survivor pension based on a former service or disability pension that was effective on or prior to January 1, 1993, and is payable on the date this subsection is enacted into law shall be increased effective January 1, 1994, by 1% plus an additional 2% for pensions effective prior to January 1, 1991, up to a maximum of 3% plus .15% for each full month of retirement preceding January 1, 1981, up to a maximum of 9%. These increases shall continue to be paid through June 30, 1994, and every fiscal year thereafter provided that funds are appropriated in accordance with § 5544 of this title.
(b) Any monthly service or disability pension which became effective on or before December 1, 1990, and is payable on July 21, 1994, and any survivor pension based on a former service or disability pension that was effective on or prior to December 1, 1990, and is payable on the date this subsection is enacted into law shall be increased effective April 1, 1995, by 2% plus .10% for each full month of retirement preceding January 1, 1981, up to a maximum of 15%. These increases shall continue to be paid through June 30, 1995, and every fiscal year thereafter provided that funds are appropriated in accordance with § 5544 of this title.
(c) Any monthly service or disability pension which became effective on or before July 1, 1995, and is payable on July 18, 1996, and any survivor pension based on a former service or disability pension that was effective on or before July 1, 1995, and is payable on July 18, 1996, shall be increased effective July 1, 1996, by 2% plus 1% for pensions that were effective prior to January 1, 1980. These increases shall continue to be paid through June 30, 1997, and every fiscal year thereafter; provided that funds are appropriated in accordance with § 5544 of this title.
(d) Any monthly service or disability pension which became effective on or after July 1, 1976, and is payable on July 18, 1996, and any survivor pension based on a former service or disability pension which became effective on or after July 1, 1976 and is payable on the date this subsection is enacted into law shall also be increased effective July 1, 1996, by the amount of difference between the pensioner's computed benefit under § 5527(a) of this title, as effective July 1, 1996, less the benefit previously awarded under § 5527(a)(1) and (2) of this title.
(e) Any monthly service or disability pension which became effective on or before July 1, 1996, and is payable on the effective date of this subsection and any survivor pension based on a former service or disability pension that was effective on or before July 1, 1996, and is payable on the effective date of this subsection shall be increased effective July 1, 1997, in accordance with the following schedule:
|
Year Pension Became Effective |
Percent Increase |
|
Prior to 1974 |
9% |
|
1974 |
8% |
|
1975 |
7% |
|
1976 |
6% |
|
1977 |
5% |
|
1978 |
4% |
|
After 1978 |
2% |
These increases shall continue to be paid through June 30, 1998, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.
(f) Any monthly service, disability and survivor pension based on a former service or disability pension that was effective on or before July 1, 1997, but after December 31, 1985, and is payable on the effective date of this subsection shall be increased effective July 1, 1998, by 2%. Any monthly service, disability, or survivor pension based on a former service or disability pension that was effective prior to January 1, 1986, shall be increased effective July 1, 1998, by 3% or $20 per month, whichever is greater. These increases shall continue to be paid through June 30, 1999, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.
(g) Any monthly service, disability and survivor pension based on a former service or disability pension that was effective on or before July 1, 1998, but after December 31, 1979, and is payable on July 9, 1999, shall be increased effective July 1, 1999 by 2%. Any monthly service, disability or survivor pension based on a former service or disability pension that was effective prior to January 1, 1980. Shall be increased effective July 1, 1999 by 3% or $25 per month, whichever is greater. These increases shall continue to be paid through June 30, 2000, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.
(h) Any monthly service, disability and survivor pension based on a former service or disability pension that was effective on or before June 30, 2000, but after December 31, 1979, and is payable on July 21, 2000, shall be increased effective July 1, 2000, by 2%. Any monthly service, disability, or survivor pension based on a former service or disability pension that was effective prior to January 1, 1980, shall be increased effective July 1, 2000, by 3% or $25 per month, whichever is greater. These increases shall continue to be paid through June 30, 2001, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.
(i)(1) Any monthly service, disability and survivor pension based on a former service or disability pension that was effective prior to July 1, 2001, and is payable on July 1, 2001, shall be increased effective July 1, 2001 by 1.5%. These increases shall continue to be paid through June 30, 2002, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.
(2) Any monthly service, disability and survivor pension based on a former service or disability pension that was effective prior to July 1, 2001, and is payable on July 1, 2001, shall be increased effective July 1, 2001 by 0.5%. These increases shall continue to be paid through June 30, 2002, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.
(j) Any monthly service, disability and survivor pension based on a former service or disability pension that was effective on or before June 30, 2001, but after December 31, 1975, and is payable on September 1, 2003, shall be increased effective September 1, 2003, by 2% or $25 per month, whichever is greater. Any monthly service, disability and survivor pension based on a former service or disability pension that was effective before January 1, 1976, and is payable on September 1, 2003, shall be increased effective September 1, 2003 by 2% or $35 per month, whichever is greater. These increases shall continue to be paid through June 30, 2004, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.
(k)(1) Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective on or before June 30, 2001, but after December 31, 1975, and is payable on July 1, 2004, shall be increased effective July 1, 2004, by 2%. Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective before January 1, 1976, and is payable on July 1, 2004, shall be increased effective July 1, 2004, by 2% or $35 per month, whichever is greater. These increases shall continue to be paid through June 30, 2005, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.
(2) Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective on or before June 30, 2003, but after June 30, 2001, and is payable on July 1, 2004, shall be increased effective July 1, 2004, by 2%. These increases shall continue to be paid through June 30, 2005, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.
(3) Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective on or before May 31, 2004, but after June 30, 2003, and is payable on July 1, 2004, shall be increased effective July 1, 2004, by 2%. These increases shall continue to be paid through June 30, 2005 and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.
(l) Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective on or before June 30, 2004, but after December 31, 1980, and is payable on July 1, 2005 shall be increased effective July 1, 2005 by 2%. Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective before January 1, 1981, and is payable on July 1, 2005, shall be increased effective July 1, 2005, by 2% plus $50 per month. These increases shall continue to be paid through June 30, 2006, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.
(m) Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective on or before June 30, 2005, but after December 31, 1980, and is payable on July 1, 2006, shall be increased effective July 1, 2006, by 2%. Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective before January 1, 1981, and is payable on July 1, 2006, shall be increased effective July 1, 2006, by 2% or $25 per month, whichever is greater. These increases shall continue to be paid through June 30, 2007, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.
29 Del. C. 1953, § 5532; 57 Del. Laws, c. 592, § 1; 60 Del. Laws, c. 483, §§ 28, 29; 61 Del. Laws, c. 36, § 1; 61 Del. Laws, c. 455, § 3; 62 Del. Laws, c. 6, § 1; 62 Del. Laws, c. 103, § 1; 64 Del. Laws, c. 249, § 1; 65 Del. Laws, c. 489, § 1; 66 Del. Laws, c. 363, § 1; 67 Del. Laws, c. 422, § 1; 69 Del. Laws, c. 105, § 1; 69 Del. Laws, c. 174, § 1; 69 Del. Laws, c. 450, §§ 1,2; 70 Del. Laws, c. 525, §§ 1, 3; 71 Del. Laws, c. 165, § 1; 71 Del. Laws, c. 397, § 1; 72 Del. Laws, c. 152, § 1; 72 Del. Laws, c. 438, §§ 2, 4; 72 Del. Laws, c. 447, § 1; 73 Del. Laws, c. 146, § 2; 74 Del. Laws, c. 183, § 1; 74 Del. Laws, c. 398, § 1; 75 Del. Laws, c. 136, § 1; 75 Del. Laws, c. 403, § 1.;
§ 5533. Adjustment of benefits.
(a) On and after July 1, 1972, no pension which has been in effect for 3 years shall be subject to adjustment.
(b) The amount of any pension which became effective before 1971 shall be the greater of:
(1) The monthly pension paid in December, 1970;
(2) The correct amount determined as a result of audits made between May, 1971, and June, 1972, inclusive of any increases provided before 1972.
(c) Any pension overpayments discovered as a result of audits made between May, 1971, and June, 1972, shall not be subject to recovery.
(d) If the final average compensation of an employee has been reduced because of a leave of absence resulting from presidential determinations to augment active forces, such employee shall have their final average compensation adjusted by their amount of military compensation. This adjustment will be no greater then what the employee would have received had they remained in employment for the period of leave. The employee will contribute 3% of the amount that was adjusted. Any remaining cost associated with the adjustment will be transferred from the Special Pension Fund authorized by 61 Del. Laws, c. 455.
(e) Any reduction in a state employee's salary, mandated as part of the Fiscal Year 2010 Annual Appropriations Act [77 Del. Laws, c. 84] and implemented during Fiscal Year 2010, shall not be used when computing an employee's final average compensation. Rather, the state employee's base salary as of June 30, 2009, shall be used in calculating the employee's final average compensation as defined in § 5501(f) of this title.
29 Del. C. 1953, § 5533; 58 Del. Laws, c. 527, § 1E; 59 Del. Laws, c. 457, § 1; 74 Del. Laws, c. 189, § 1; 77 Del. Laws, c. 84, § 85.;
§ 5534. Corrections officers.
Repealed by 63 Del. Laws, c. 452, § 1, eff. July 23, 1982.