reglab/housing_qa huggingface dataset:
29 DE Code § 5404. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 54. Uniform Facsimile Signatures of Public Officials Act|§ 5404. Violation and penalty.

§ 5404. Violation and penalty. Any person who with intent to defraud uses on a public security or an instrument of payment:  (1) A facsimile signature, or any reproduction of it, of any authorized officer; or (2) Any facsimile seal, or any reproduction of it, of this State or any of its departments, agencies or other instrumentalities or of any of its political subdivisions is guilty of a felony and shall suffer such criminal sanctions and penalties as are appropriate in this State for conviction of the crime of forgery. 29 Del. C. 1953, §  5804;  58 Del. Laws, c. 57.;
29 DE Code § 5405. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 54. Uniform Facsimile Signatures of Public Officials Act|§ 5405. Uniformity of interpretation.

§ 5405. Uniformity of interpretation. This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. 29 Del. C. 1953, §  5805;  58 Del. Laws, c. 57.;
29 DE Code § 5406. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 54. Uniform Facsimile Signatures of Public Officials Act|§ 5406. Short title.

§ 5406. Short title. This chapter may be cited as the “Uniform Facsimile Signature of Public Officials Act.” 29 Del. C. 1953, §  5806;  58 Del. Laws, c. 57.;
29 DE Code § 5601. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 56. Pensions for Members of the State Judiciary|§ 5601. State Judiciary Retirement Fund; contributions; use; division of benefits into plans.

§ 5601. State Judiciary Retirement Fund; contributions; use; division of benefits into plans. (a) There shall be established a State Judiciary Retirement Fund, hereinafter referred to as “Fund.” Each member who elects or who has elected the provisions of this chapter and:  (1) Who was first appointed to the state judiciary prior to July 1, 1980, and is a member covered by the closed plan, shall contribute $500 to the Fund each year for the first 25 years of service; or (2) Who is a member covered by the revised plan, shall contribute to the Fund each year for the first 24 years of service an amount equal to 3% of annual compensation in excess of $6,000 up to the Social Security wage base, and 5% of total compensation in excess of the Social Security wage base. In no event shall total compensation during any calendar year in excess of $6,000 be exempt from contributions. Effective July 1, 1997, employee pension contributions made pursuant to this section shall not be subject to adjustment or recovery after the expiration of 3 full calendar years from December 31 of the year in which the contributions were made unless no contributions were paid during that calendar year. (b) The Board of Pension Trustees shall invest and accumulate the contributions made to the Fund and shall pay all pensions under this chapter from the Fund. If at any time there shall be insufficient money in the Fund for the purposes of this chapter, the Secretary of Finance shall transfer funds from the General Fund to make up any such deficiency. Subject to Internal Revenue Code § 401(a)(24) [26 U.S.C. § 401(a)(24)], the assets of the Fund will be commingled in the Delaware Public Employees' Retirement System as provided for by § 8308 of this title. The assets of the Fund are held in trust and may not be used for or diverted to any purpose other than for the exclusive benefit of the employees and their beneficiaries. (c) The benefit provisions of this chapter shall be divided into 2 plans, the closed plan and the revised plan. Members of the state judiciary first appointed before July 1, 1980, who do not elect, as provided in § 5605 of this title, to accept the revised plan shall be members covered by the closed plan even through reappointments to the state judiciary. All other members of the state judiciary who accept the provisions of this chapter, as provided in § 5605 of this title, shall be members covered by the revised plan. 29 Del. C. 1953, §  5602;  50 Del. Laws, c. 119, §  1;  50 Del. Laws, c. 554, §  1;  56 Del. Laws, c. 198, §  1;  57 Del. Laws, c. 741, §§  39B, 39C;  60 Del. Laws, c. 649, §  1;  62 Del. Laws, c. 415, §§  2, 3;  71 Del. Laws, c. 121, §§  6, 7;  71 Del. Laws, c. 165, §  5;  71 Del. Laws, c. 354, §  38;  76 Del. Laws, c. 279, §  6;
29 DE Code § 5604. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 56. Pensions for Members of the State Judiciary|§ 5604. Definition of involuntary retirement.

§ 5604. Definition of involuntary retirement. Retirement from the state judiciary shall be deemed to be involuntary if, upon expiration of the judge's term of office, a judge shall fail to be reappointed and confirmed, unless the judge shall have declined reappointment. 29 Del. C. 1953, §  5605;  50 Del. Laws, c. 119, §  1;  70 Del. Laws, c. 186, §  1;
29 DE Code § 5605. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 56. Pensions for Members of the State Judiciary|§ 5605. Acceptance of provisions; result.

§ 5605. Acceptance of provisions; result. (a) Each new member of the state judiciary, whether by appointment and confirmation or as a result of any provision of this chapter, may accept the provisions of this chapter by:  (1) Written declaration to that effect within 30 days following the member's becoming a member of the state judiciary. A member first appointed on or after July 1, 1980, shall not be required to file a written declaration as such member is covered under the revised plan; or (2) Through the authorization, heretofore or hereafter accomplished, by said member to permit deductions for the contributions provided in § 5601 of this title. The declaration of acceptance shall be filed in the office of the Secretary of State; provided, however, that in the event the member accepts the provisions of this chapter through authorization of deductions for contributions, the member shall thereafter file a written declaration with the Secretary of State. Upon filing of such written declaration by a member of the state judiciary or upon authorization of deductions for contributions, whichever first occurs, the benefits of this chapter shall be available to the member. Any judge who was, prior to November 8, 1955, a member of the state judiciary, who has not already done so, may file a written declaration of acceptance of the provisions of this chapter within 30 days after November 8, 1955. A declaration of acceptance, or authorization to permit deductions for the contributions provided in § 5601 of this title, heretofore or hereafter accomplished, by a member first appointed on or after July 1, 1980, shall cover such member under the revised plan. (b) A member first appointed before July 1, 1980, may elect to be covered by the revised plan by filing a declaration of acceptance in the office of the Secretary of State. (c) Any declaration of acceptance of this chapter or authorization of deductions for the contributions provided in § 5601 of this title as provided in subsection (a) of this section shall constitute an authorization and direction by the member of the state judiciary making the same that if a certificate of permanent physical or mental disability of such member shall be thereafter filed as provided for in § 5602(c) of this title, such certificate shall, without any further act by such member, constitute a resignation by such member, effective immediately after the filing of such certificate. A declaration of acceptance shall also authorize deductions for the contributions provided for in § 5601 of this title. (d) Any declaration filed or authorization made pursuant to this section shall be irrevocable. 29 Del. C. 1953, §  5606;  50 Del. Laws, c. 119, §  1;  50 Del. Laws, c. 533, §  3;  62 Del. Laws, c. 415, §§  12-14;  63 Del. Laws, c. 330, §  1;  64 Del. Laws, c. 202, §  1;  66 Del. Laws, c. 123, §§  1-3;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 365, §  4;  74 Del. Laws, c. 8, §  2;  78 Del. Laws, c. 179, §  297;  82 Del. Laws, c. 87, § 7;
29 DE Code § 5606. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 56. Pensions for Members of the State Judiciary|§ 5606. Application for benefits.

§ 5606. 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 second month preceding the date on which the application for such benefit is filed. (b) The Board may require any member 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 member or eligible survivor does not cooperate in the furnishing or procuring thereof. (c) Upon receipt of any form pursuant to subsection (a) of this section, the Board shall consider the retirement and if they find that benefits are due under this chapter they shall notify the State Treasurer who shall make payments of benefits under this chapter out of the State Judiciary Retirement Fund or out of funds transferred for the purpose from the General Fund, as provided in § 5601 of this title. (d) 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, §  5607;  50 Del. Laws, c. 119, §  1;  50 Del. Laws, c. 554, §§  3, 4;  57 Del. Laws, c. 741, §§  39B, 39C;  62 Del. Laws, c. 415, §  15;  77 Del. Laws, c. 408, §  2;
29 DE Code § 5607. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 56. Pensions for Members of the State Judiciary|§ 5607. Termination of pension benefits.

§ 5607. Termination of pension benefits. Any benefits available to any judge under this chapter shall immediately terminate upon the judge's appointment to and acceptance of any judicial office under state law. 29 Del. C. 1953, §  5608;  50 Del. Laws, c. 119, §  1;  55 Del. Laws, c. 428, §  2;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 66, §  3;
29 DE Code § 5608. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 56. Pensions for Members of the State Judiciary|§ 5608. Death benefit; withdrawal benefit.

§ 5608. Death benefit; withdrawal benefit. (a) Upon the death of a member, 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 member, a lump sum equal to the excess, if any, of the accumulated member contributions over the aggregate of all pension payments made. Such contributions shall exclude interest for members covered by the closed plan, and include interest for members covered by the revised plan. (b) Upon the withdrawal from service of a member who is not eligible for a service or disability pension, his or her accumulated contributions without interest if covered by the closed plan, or with interest if covered by the revised plan, shall be paid to him or her. 29 Del. C. 1953, §  5609;  50 Del. Laws, c. 119, §  1;  62 Del. Laws, c. 415, §  16;  70 Del. Laws, c. 186, §  1;
29 DE Code § 5609. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 56. Pensions for Members of the State Judiciary|§ 5609. Relationship of judicial pensions to other pensions; social security.

§ 5609. Relationship of judicial pensions to other pensions; social security. (a) No judge, while serving as a judge, shall be entitled to receive any other pension:  (1) Payable by the State under any law of the State, (2) For which the judge would otherwise be eligible because of the judge's prior service as an employee, officer or elected or appointed official. Upon the judge's retirement or death, the judge or the person or persons entitled to survivor's benefits provided under this chapter shall be entitled to receive the pension benefits provided under this chapter as well as any other pension benefits for which the judge or the person or persons entitled to survivor's benefits is eligible under any other pension plan payable by the State. (b) Within 6 months after July 7, 1998, any judge who withdrew his or her contributions from any other pension plan payable by the State, shall be entitled to repay the contributions, with interest at a rate to be determined by the Board. Repayment in accordance with this subsection shall restore all pension benefits for which the judge would have been eligible under the other pension plan payable by the State had the judge not withdrawn his or her contributions. (c) Nothing contained in this chapter shall prevent any judge from participating on the same basis as other state employees in the social security program except that federal Social Security payments to which a judge may become entitled shall not be deducted from any pension payments made under this chapter. 29 Del. C. 1953, §  5610;  50 Del. Laws, c. 554, §  5;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 365, §  1;
29 DE Code § 5610. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 56. Pensions for Members of the State Judiciary|§ 5610. Assignment of retired judges to active duty.

§ 5610. Assignment of retired judges to active duty. (a) (1) Any judge retired from a statutorily created court and receiving a judicial pension may be designated by the Chief Justice of the Supreme Court to perform such judicial duties in any court where such retired judge could serve if such retired judge still held the judicial position from which the judge retired; provided, however, that such retired judge assents to such designation and provided further that such retired judge is not actively engaged in the practice of law. (2) Any justice, judge, chancellor or vice chancellor who is retired and receiving a judicial pension may be designated by the Chief Justice of the Supreme Court pursuant to a constitutional or statutory authority to sit temporarily in the court from which the justice, judge, chancellor or vice chancellor retired or in any other court to which the justice, judge, chancellor or vice chancellor could be designated under the Constitution and statutes of the State if the justice, judge, chancellor or vice chancellor still held the judicial position from which the justice, judge, chancellor or vice chancellor retired and if the retired justice, judge, chancellor or vice chancellor assents to such designation, and is not actively engaged in the practice of law. However, no former justice, judge, chancellor or vice chancellor shall be designated to sit in the Supreme Court except temporarily to fill up the number of that Court to the required quorum. (b) Any retired justice, judge, chancellor or vice chancellor accepting an active duty designation pursuant to the constitutional or statutory authorization shall be compensated on a per diem basis of $250 per day, but in no event shall the total compensation received on a per diem basis when added to the retirement pay exceed the then current annual salary of the judicial position from which such justice, judge, chancellor or vice chancellor has retired. In addition, each retired justice, judge, chancellor or vice chancellor so serving shall receive reimbursement for expenses for travel or secretarial services necessarily incurred for the performance of such active duty. 29 Del. C. 1953, §  5611;  56 Del. Laws, c. 198, §  4;  63 Del. Laws, c. 241, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 94, §  53;
29 DE Code § 5611. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 56. Pensions for Members of the State Judiciary|§ 5611. Adjustment of benefits under closed plan.

§ 5611. Adjustment of benefits under closed plan. (a) On and after July 1, 1972, no pension provided under the closed plan which has been in effect for 3 years shall be subject to adjustment. This provision shall not apply to adjustments of pensions required to implement subsection (b) of this section. (b) Effective September 1, 1972, the amount of any pension in effect on July 1, 1969, shall be the greater of: (1) The monthly pension rate paid in July, 1969, or (2) the recalculated amount determined as a result of audits made between May, 1971, and June 30, 1972, inclusive of any increases provided between July 1, 1969, and June 30, 1972, provided that the minimum pension payable for any month after July, 1969, shall be the monthly pension rate paid in July, 1969. (c) Any pension overpayments discovered as a result of audits made between May, 1971, and June 30, 1972, shall not be subject to recovery. 29 Del. C. 1953, §  5612;  58 Del. Laws, c. 527, §  4;  62 Del. Laws, c. 415, §  17;
29 DE Code § 5612. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 56. Pensions for Members of the State Judiciary|§ 5612. Revised plan — Eligibility; annual pension for permanent disability.

§ 5612. Revised plan — Eligibility; annual pension for permanent disability. (a) A member covered by the revised plan shall become eligible to receive a pension who has:  (1) Completed 12 years of service as a judge, and has attained age 62; (2) Completed 24 years of service; or (3) Been involuntarily retired after having served 22 years as a judge. (b) A member covered by the revised plan who has completed 12 years of service as a judge shall have a vested right to a pension. Such right shall be forfeited upon his or her application for a refund of his or her accumulated contributions. (c) If a member of the state judiciary shall develop a permanent physical or mental disability, while in office, the member shall, from and after the ascertainment of such disability in the manner hereafter set forth, receive an annual pension from the State, payable in equal monthly installments during the remainder of the member's lifetime. A member of the state judiciary may be deemed to have a permanent physical or mental disability and unable to perform the duties of the member's office after the Board of Pension Trustees has considered a certificate to that effect signed by the Chief Justice of the Supreme Court, or if the Chief Justice shall be the subject of such certificate, by the senior Justice of the Supreme Court, and by 3 persons duly licensed to practice medicine or surgery in this State and who have been actively engaged in such practice in this State for at least 10 years immediately preceding the signing of such certificate; said 3 persons to be previously designated by the Trustees. 62 Del. Laws, c. 415, §  4;  64 Del. Laws, c. 199, §  1;  64 Del. Laws, c. 309, §  2;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 134, §  2;  78 Del. Laws, c. 179, §§  298-300;
29 DE Code § 5615. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 56. Pensions for Members of the State Judiciary|§ 5615. Adjustment of benefits.

§ 5615. Adjustment of benefits. Benefits provided under the revised and closed plans shall be adjusted in the same manner as benefits provided under Chapter 55 of this title. 62 Del. Laws, c. 415, §  18;  63 Del. Laws, c. 443, §  1;
29 DE Code § 5616. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 56. Pensions for Members of the State Judiciary|§ 5616. Actuarial valuations and appropriations.

§ 5616. Actuarial valuations and appropriations. (a) The actuary shall prepare an actuarial valuation of the assets and liabilities of the funds as of June 30, each year. On the basis of reasonable actuarial assumptions and tables approved by the Board, the actuary shall determine the normal cost required to meet the actuarial cost of current service and the unfunded actuarial accrued liability. (b) The State's appropriation to the funds for the Fiscal Year 1994, and for each fiscal year thereafter, shall be the percentage of covered payroll approved by the Board on the basis of the most recent actuarial valuation, and shall equal the sum of the normal cost plus the payment required to implement the provisions of subsection (c) of this section plus the payment required to amortize the unfunded actuarial accrued liability over 40 years from July 1, 1981. The amortization payment shall be an amount computed as a level percentage of the prospective total covered payroll over the remainder of the amortization periods, with such prospective total covered payroll to be determined on the basis of a growth rate, as determined by the Board, compounded annually. Except as provided in subsection (c) of this section, all funds appropriated pursuant to this subsection shall be deposited into the Fund established by § 5601 of this title. (c) In order to provide a fund for post retirement increases, the State shall include in its annual appropriation payments equal to 2.33% of covered payroll, subject to the limitations contained in § 5548(a)(2) of this title. Beginning with the Fiscal Year 1994 budget, .70% of covered payroll shall be appropriated; in Fiscal Year 1995, 1.11% of covered payroll shall be appropriated; in Fiscal Year 1996, 1.52% of covered payroll shall be appropriated; in fiscal year 1997, 1.93% of covered payroll shall be appropriated; in Fiscal Year 1998 and each fiscal year thereafter 2.33% of covered payroll shall be appropriated. Funds appropriated to implement this subsection shall be deposited into the Post Retirement Fund established by § 5548 of this title. 69 Del. Laws, c. 104, §  4;  78 Del. Laws, c. 116, §  5;
29 DE Code § 5617. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 56. Pensions for Members of the State Judiciary|§ 5617. Increases in pensions.

§ 5617. Increases in pensions. Any monthly service or disability pension which became effective before January 1, 1979, and is payable on July 23, 1982, and any survivor pension based on a former service or disability pension that was effective prior to January 1, 1979, shall be increased effective July 1, 1982, in accordance with the following schedule:  Year Service or Disability Percent Increase in Pension  Pension Becomes Effective Effective 7/1/82 Prior to 1971 31% 1971 21% 1972 19% 1973 16% 1974 10% After 1974 5% 63 Del. Laws, c. 443, §  2;