reglab/housing_qa huggingface dataset:
11 DE Code § 8374. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter III. Service, Disability and Survivor’s Pensions|§ 8374. Withdrawal benefit.

§ 8374. Withdrawal benefit. (a) The accumulated contributions with interest of a member who is neither eligible for a service nor disability pension, nor has a vested right to a service pension, shall be refunded upon withdrawal from service. There shall be a rebuttable presumption that a former member who fails to apply for a withdrawal benefit within 5 years after the date of withdrawal has waived the right to such benefit. (b) If a member has a vested right to a service pension and withdraws from service and is not immediately eligible for a service or disability benefit, the member may request refund of accumulated contributions with interest. Refund of such contributions shall extinguish all rights to benefits under this subchapter. 62 Del. Laws, c. 361, §  1;  70 Del. Laws, c. 186, §  1;
11 DE Code § 8375. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter III. Service, Disability and Survivor’s Pensions|§ 8375. Adjustment of benefits.

§ 8375. Adjustment of benefits. (a) A pension payable under this subchapter shall be adjusted no less liberally than adjustments made for pensions payable under the State Employees' Pension Plan, taking into account adjustments to Social Security benefits payable to state employees. (b) Any reduction in a member's salary, mandated as part of the FY 2010 Annual Appropriations Act [77 Del. Laws, c. 84] and implemented during FY 2010, shall not be used when computing an employee's final average compensation. Rather, the member's base salary as of June 30, 2009, shall be used in calculating the employee's final average compensation as defined in § 8351(7) of this title. (c) 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 7% of the amount that was adjusted. 62 Del. Laws, c. 361, §  1;  77 Del. Laws, c. 84, §  87;  77 Del. Laws, c. 167, §  2;
11 DE Code § 8376. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter III. Service, Disability and Survivor’s Pensions|§ 8376. Application for benefits.

§ 8376. 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. (b) The Board may require any member, inactive member, retired member or eligible survivor to furnish such information as may be required for the determination of benefits under this subchapter, or to authorize the Board to procure such information. The Board may withhold payment of any pension under this subchapter, whenever the determination of such pension is dependent upon such information and the member, inactive member, retired member 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. 62 Del. Laws, c. 361, §  1;  77 Del. Laws, c. 408, §  5;
11 DE Code § 8377. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter III. Service, Disability and Survivor’s Pensions|§ 8377. Dual membership prohibited.

§ 8377. Dual membership prohibited. No member covered by this subchapter may be covered by subchapter II of this chapter. 62 Del. Laws, c. 361, §  1;
11 DE Code § 8391. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter III. Service, Disability and Survivor’s Pensions|§ 8391. Member contributions.

§ 8391. Member contributions. Effective January 1, 2001, member contributions to the Fund shall be 7% of monthly compensation. 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. 62 Del. Laws, c. 361, §  1;  71 Del. Laws, c. 165, §  7;  72 Del. Laws, c. 483, §  3;
11 DE Code § 8392. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter III. Service, Disability and Survivor’s Pensions|§ 8392. Actuarial valuations and appropriations.

§ 8392. 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 fiscal year 2008, 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 using an open amortization period of 20 years. 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 § 8393 of this title. (c) In order to provide a fund for postretirement 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 Title 29. Beginning with the fiscal year 94 budget, .70% of covered payroll shall be appropriated; in fiscal year 95, 1.11% of covered payroll shall be appropriated; in fiscal year 96, 1.52% of covered payroll shall be appropriated; in fiscal year 97, 1.93% of covered payroll shall be appropriated; in fiscal year 98 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 Title 29. 69 Del. Laws, c. 104, §  3;  76 Del. Laws, c. 80, §  68;  78 Del. Laws, c. 116, §  6;
11 DE Code § 8393. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter III. Service, Disability and Survivor’s Pensions|§ 8393. Establishment of Fund.

§ 8393. Establishment of Fund. There shall be established a State Police Retirement Fund, hereinafter referred to as the “Fund,” separate and distinct from the Fund established under subchapter II of this chapter, to which state appropriations and other employer contributions shall be deposited monthly, and to which member contributions shall be deposited upon deduction from the member's paycheck, and to which earnings on investments, refunds and reimbursements shall be deposited upon receipt, and from which benefits shall be paid and fees and expenses authorized by the Board shall be paid. 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. 62 Del. Laws, c. 361, §  1;  71 Del. Laws, c. 121, §  5;  76 Del. Laws, c. 279, §  10;
11 DE Code § 8394. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter III. Service, Disability and Survivor’s Pensions|§ 8394. Employer pickup of member contributions.

§ 8394. Employer pickup of member contributions. (a) Each participating employer, pursuant to the provisions of § 414(h)(2) of the United States Internal Revenue Code [26 U.S.C. § 414(h)(2)], shall pick up and pay the contributions which would otherwise be payable by the members under § 8391 of this title. The contributions so picked up shall be treated as employer contributions for purposes of determining the amounts of federal income taxes to withhold from the member's compensation. (b) Member contributions picked up by the employer shall be paid from the same source of funds used for the payment of compensation to a member. A deduction shall be made from each member's compensation equal to the amount of the member's contributions picked up by the employer. This deduction, however, shall not reduce the member's compensation for purposes of computing benefits under the retirement system pursuant to this chapter. (c) Member contributions shall be credited to a separate account within the member's individual account so that the amount contributed prior to the effective date for the pickup of member contributions may be distinguished from the amounts contributed on or after the effective date. (d) The contributions, although designated as employee contributions, are being paid by the employer in lieu of the contributions by the employee. The employee will not be given the option of choosing to receive the contributed amounts directly instead of having them paid by the employer to the retirement system. 68 Del. Laws, c. 358, §  5;
11 DE Code § 8395. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter III. Service, Disability and Survivor’s Pensions|§ 8395. Burial benefits.

§ 8395. Burial benefits. (a) Upon the death of an individual receiving a pension under this subchapter, a benefit will be paid from the Fund in the same manner as benefits provided under § 5546 of Title 29. (b) The benefit granted under this section shall not be construed as a contractual obligation of the State or of the Pension Fund and may be revised or terminated by an act of the General Assembly. 70 Del. Laws, c. 77, §  2;  76 Del. Laws, c. 80, §  91;
11 DE Code § 8396. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter III. Service, Disability and Survivor’s Pensions|§ 8396. Payment of benefits.

§ 8396. Payment of benefits. Benefits shall be due and payable under this chapter only to the extent provided in this chapter, and neither the State nor the New State Police Retirement Fund shall be liable for any amount in excess of such sums. 71 Del. Laws, c. 132, §  86;
11 DE Code § 8397. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter III. Service, Disability and Survivor’s Pensions|§ 8397. Other post-employment benefits appropriations.

§ 8397. Other post-employment benefits appropriations. Funds appropriated to implement this section shall be deposited into the OPEB Fund as established by § 5281 of Title 29. 76 Del. Laws, c. 70, §  9;
11 DE Code § 8501. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 85. State Bureau of Identification|Subchapter I. General Provisions|§ 8501. Purpose of subchapter.

§ 8501. Purpose of subchapter. (a) The purpose of this subchapter is to create and maintain an accurate and efficient criminal justice information system in Delaware consistent with this chapter and applicable federal law and regulations, the need of criminal justice agencies and courts of the State for accurate and current criminal history record information, and the right of individuals to be free from improper and unwarranted intrusions into their privacy. (b) In order to achieve this result, the General Assembly finds that there is a need:  (1) To designate the State Bureau of Identification as the central state repository for criminal history record information; (2) To require the rapid identification, classification and filing of fingerprints; (3) To require the reporting of accurate, relevant and current information to the central repository by all criminal justice agencies; (4) To insure that criminal history record information is kept accurate and current; and (5) To prohibit the improper dissemination of such information. (c) This subchapter is intended to provide a basic statutory framework within which these objectives can be attained. 63 Del. Laws, c. 188, §  1;
11 DE Code § 8503. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 85. State Bureau of Identification|Subchapter I. General Provisions|§ 8503. Function; administration; appointment of Director.

§ 8503. Function; administration; appointment of Director. (a) The State Bureau of Identification, hereinafter referred to as the “Bureau,” is continued within the Division of State Police. The Bureau shall be the central state repository for criminal history record information (CHRI) and such additional information as specified in this subchapter. (b) Subject to this subchapter, the Bureau shall be administered by the Superintendent of State Police. It shall be equipped and maintained by the State Police as a separate budget unit within the Department of Safety and Homeland Security. (c) The Superintendent of State Police shall appoint, subject to the approval of the Department of Safety and Homeland Security, a Director of the Bureau. The Director shall be a regularly appointed member of State Police, who shall be trained and experienced in the classification and filing of fingerprints, and the Director and all other employees of the Bureau shall be subject to the same rules and regulations governing the State Police. (d) A representative of the Bureau to be designated by the Superintendent shall be a member of any board or regulatory body established for the collection, retention and dissemination of criminal history information. 42 Del. Laws, c. 181, §  1;  11 Del. C. 1953, §  8501;  57 Del. Laws, c. 670, §§  4A, 4B;  63 Del. Laws, c. 188, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 110, §  138;
11 DE Code § 8504. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 85. State Bureau of Identification|Subchapter I. General Provisions|§ 8504. Personnel.

§ 8504. Personnel. The Bureau personnel shall consist of regular appointed members of the State Police, and such other personnel as may be deemed necessary to carry out this chapter. The personnel so appointed shall each be experienced in the work to be performed by them. 42 Del. Laws, c. 181, §  2;  11 Del. C. 1953, §  8502;  63 Del. Laws, c. 188, §  1;
11 DE Code § 8505. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 85. State Bureau of Identification|Subchapter I. General Provisions|§ 8505. Duty to provide security of criminal history record information and security investigations.

§ 8505. Duty to provide security of criminal history record information and security investigations. (a) The Director shall provide security of criminal history record information contained in the facilities of the Bureau. (b) The Director shall establish procedures to assure that Bureau records, under the control or custody of any authorized agency, shall be protected from unauthorized access, disclosure or dissemination. (c) Each employee of the Bureau working with or having access to criminal history record information shall be made familiar with the substance and intent of this chapter. (d) Direct access to criminal history record information from the Bureau shall be available only to authorized officers or employees of a criminal justice agency, and, as necessary, to other authorized personnel essential to the proper operation of the criminal history record information system. (e) The Director shall be responsible for investigations of violations of this chapter. 63 Del. Laws, c. 188, §  1;  68 Del. Laws, c. 101, §  2;
11 DE Code § 8506. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 85. State Bureau of Identification|Subchapter I. General Provisions|§ 8506. Duty to maintain complete and accurate records; performance of annual audit.

§ 8506. Duty to maintain complete and accurate records; performance of annual audit. (a) The Bureau shall maintain in a complete and accurate manner information received pursuant to this subchapter to the maximum extent feasible. (b) Any and all criminal history records and other information which is transmitted directly by computer terminal by a criminal justice agency shall be deemed to have been transmitted to the Bureau within the meaning of this subchapter. (c) The Bureau shall file all information received by it and shall make a systematic record and index thereof, to the end of providing a method of convenient reference and consultation. No information identifying a person received by the Bureau may be destroyed by it until 10 years after the person identified is known or reasonably believed to be dead, or until that person reaches age 80 or reaches age 75 with no criminal activity listed on the person's record in the past 40 years, whichever shall first occur, except as otherwise provided by statute. (d) A criminal justice agency shall, upon finding inaccurate criminal history record information of a material nature, notify all criminal justice agencies, and all other persons and agencies, known to have received such information. (e) When a criminal justice agency receives notification that an inaccuracy appears in criminal history record information having originated with that agency, such agency shall take appropriate steps to correct the inaccuracy. (f) The Bureau shall assure that an annual audit is conducted of a representative sample of agencies accessing or maintaining data files as provided in this subchapter. This audit shall encompass both manual and computerized data systems, and shall be conducted at such time and according to procedures as the Bureau shall prescribe. A full report of the findings of each audit made pursuant to this subsection shall be communicated to the individual agency so audited. 42 Del. Laws, c. 181, §  9;  11 Del. C. 1953, §  8509;  63 Del. Laws, c. 188, §  1;  67 Del. Laws, c. 379, §  1;  70 Del. Laws, c. 186, §  1;
11 DE Code § 8507. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 85. State Bureau of Identification|Subchapter I. General Provisions|§ 8507. Information to be supplied by law-enforcement officers.

§ 8507. Information to be supplied by law-enforcement officers. (a) Every law-enforcement officer of the State and of any political subdivision thereof shall transmit to the Bureau:  (1) Within 48 hours after the arrest of any individual, the names, fingerprints if taken and such other data as the Director may from time to time prescribe of all individuals arrested for a criminal offense, including, but not limited to:  a. An indictable offense, or such nonindictable offense as is, or may hereafter be, included in the compilations of the United States Department of Justice; b. Being a fugitive from justice; (2) The fingerprints, photographs and other data prescribed by the Director concerning unidentified dead persons; (3) The fingerprints, photographs and other data prescribed by the Director of all individuals making application for a permit to buy or possess illegal weapons or firearms or to carry concealed a deadly weapon; (4) A record of the indictable offenses and such nonindictable offenses as are committed within the jurisdiction of the reporting officer, including a statement of the facts of the offense and a description of the offender, so far as known, the offender's method of operation, changes in release status and such other information as the Director may require; (5) Copies of such reports as are required by law to be made, and as shall be prescribed by the Director, to be made by pawnshops, second-hand dealers and dealers in weapons. (b) All photographs submitted of individuals described in this section shall be of a recent date, taken while such individuals are attired in civilian clothes. 42 Del. Laws, c. 181, §§  3, 6;  11 Del. C. 1953, §§  8503, 8506;  61 Del. Laws, c. 321, §  1;  63 Del. Laws, c. 188, §  1;
11 DE Code § 8508. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 85. State Bureau of Identification|Subchapter I. General Provisions|§ 8508. Information to be supplied by court officials.

§ 8508. Information to be supplied by court officials. Every court of this State or of any political subdivision thereof having original or appellate jurisdiction over indictable offenses, or over such nonindictable offenses as are herein mentioned, shall transmit to the Bureau in such manner as the Director shall designate such information regarding every indictment, information, petitions or complaints of delinquency, or other formal criminal charge, and every change in release status, disposition and sentencing made thereof within 90 days of said action. 42 Del. Laws, c. 181, §  4;  11 Del. C. 1953, §  8504;  63 Del. Laws, c. 188, §  1;  68 Del. Laws, c. 101, §  3;
11 DE Code § 8509. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 85. State Bureau of Identification|Subchapter I. General Provisions|§ 8509. Information to be supplied by heads of institutions.

§ 8509. Information to be supplied by heads of institutions. Every person in responsible charge of an institution to which there are committed individuals convicted of crime, or persons declared to be not guilty by reason of mental illness, or declared incompetent to stand trial for criminal offenses or involuntarily committed for mental illness pursuant to Chapter 50 of Title 16, shall:  (1) Transmit to the Bureau the names, dates of birth and Social Security numbers of all adults so committed and shall report any subsequent change in release status. Every person in responsible charge of such institutions shall also forward to the Bureau the names and photographs of all individuals who are to be discharged from such institutions, after having been confined in such institutions. Such photographs shall be taken immediately before release of such individuals, and the individual shall be attired in civilian clothes. (2) Pursuant to § 1448A of this title, cause to be transmitted to the Federal Bureau of Investigation, National Instant Criminal Background Check System, such information as may be required to comply with federal laws and regulations relating to background checks for the purchase or transfer of firearms.42 Del. Laws, c. 181, §  5;  11 Del. C. 1953, §  8505;  63 Del. Laws, c. 188, §  1;  69 Del. Laws, c. 224, §  2;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 137, §§  3, 4;