reglab/housing_qa huggingface dataset:
29 DE Code § 5307. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 53. Early Retirement Option for State Employees|Subchapter II. Eligibility Provisions|§ 5307. Eligibility for disability pension.

§ 5307. Eligibility for disability pension. In addition to the provisions of subchapter I of this chapter, an employee shall be eligible for the early retirement option provided by this chapter beginning with the month after the employee has terminated employment, if:  (1) The employee has 15 years of credited service under this chapter as of June 30, 1991, exclusive of service credited under § 5501(e)(4), (5) and (12) of this title, and shall have attained age 50 on or before June 30, 1991; or  (2) The employee has 25 years of credited service under this chapter as of June 30, 1991, exclusive of service credited under § 5501(e)(4), (5) and (12) of this title, regardless of age.  (3) In addition to meeting the credited service and age requirements contained in paragraphs (1) and (2) of this section, an employee must meet the requirements for a disability pension contained in § 5524 of this title, and the employee's termination from employment shall be governed by § 5524(b) of this title.68 Del. Laws, c. 8, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 174, §  1;
29 DE Code § 5308. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 53. Early Retirement Option for State Employees|Subchapter II. Eligibility Provisions|§ 5308. Payment of service pension.

§ 5308. Payment of service pension. Service 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 dies. 68 Del. Laws, c. 8, §  1;  70 Del. Laws, c. 186, §  1;
29 DE Code § 5309. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 53. Early Retirement Option for State Employees|Subchapter II. Eligibility Provisions|§ 5309. Payment of disability pension.

§ 5309. 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, in a form prescribed by the Board, the pensioner's total earnings from any gainful occupation or business in the preceding calendar year. One twelfth of the excess of such earnings over 1/2 of the annual rate of compensation received by the pensioner before he or she became disabled shall be deducted from the pensioner's disability pension during each of the 12 months beginning in July of the year following the calendar year for which earnings are reported. 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) 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. 68 Del. Laws, c. 8, §  1;  70 Del. Laws, c. 186, §  1;
29 DE Code § 5310. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 53. Early Retirement Option for State Employees|Subchapter II. Eligibility Provisions|§ 5310. Amount of service or disability pension.

§ 5310. Amount of service or disability pension. (a) The amount of the monthly service or disability pension payable to a former employee shall be computed in accordance with the provisions of § 5527(a)-(f) of this title except that 5 years shall be added to the former employee's credited service for purposes of calculating the amount of the monthly pension. (b) The amount of monthly pension payable to a former employee for the first 3 months of retirement shall be double the amount calculated in subsection (a) of this section, but in no case shall such amount exceed 100% of the former employee's final compensation in the last month of actual employment. Thereafter, the monthly pension payable shall be the amount calculated pursuant to subsection (a) of this section. (c) Individuals eligible for the early retirement option and whose pensions are effective prior to the dates specified in § 5301(d) of this title shall have their pensions computed in accordance with the provisions of § 5527(a)-(f) of this title without taking into consideration subsections (a) and (b) of this section until such time as they would have terminated in accordance with § 5301(d) of this title. Then, beginning with the month that their pensions would have been effective had they terminated in accordance with § 5301(d) of this title, their pensions shall be adjusted in accordance with subsections (a) and (b) of this section. 68 Del. Laws, c. 8, §  1;  70 Del. Laws, c. 186, §  1;
29 DE Code § 5311. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 53. Early Retirement Option for State Employees|Subchapter II. Eligibility Provisions|§ 5311. Survivor's pension.

§ 5311. Survivor's pension. For persons eligible for a survivor's pension, the provisions contained in § 5528 of this title, which are in effect on February 1, 1991, shall apply to this chapter, except that an individual who has elected the early retirement option and whose death occurs prior to the date specified in §  5301(d) of this title, shall have his or her pension computed in accordance with the provisions of § 5310(c) of this title, and the eligible survivor or survivors shall receive a survivor's pension equal to 3/4 of the service pension for which the employee would have been eligible. 68 Del. Laws, c. 8, §  1;  70 Del. Laws, c. 186, §  1;
29 DE Code § 5312. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 53. Early Retirement Option for State Employees|Subchapter II. Eligibility Provisions|§ 5312. Application for benefits.

§ 5312. Application for benefits. 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. 68 Del. Laws, c. 8, §  1;
29 DE Code § 5313. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 53. Early Retirement Option for State Employees|Subchapter II. Eligibility Provisions|§ 5313. Adjustment of benefits.

§ 5313. Adjustment of benefits. Any pension that has been determined to have been incorrectly calculated after an individual begins receiving such pension shall be adjusted as follows:  (1) If an individual's pension is determined to be less than he or she is entitled to receive, it will be adjusted retroactively to the effective date of the pension. (2) If an individual's pension is determined to be more than he or she is entitled to receive, it will be adjusted prospectively only. (3) In no case shall a pension awarded under this chapter which has been in effect for 1 year be subject to reduction.68 Del. Laws, c. 8, §  1;  70 Del. Laws, c. 186, §  1;
29 DE Code § 5314. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 53. Early Retirement Option for State Employees|Subchapter II. Eligibility Provisions|§ 5314. Board of Pension Trustees.

§ 5314. Board of Pension Trustees. The Board of Pension Trustees, established by §  8308 of this title, shall be responsible for the general administration of this chapter in accordance with Chapter 83 of this title. 68 Del. Laws, c. 8, §  1;
29 DE Code § 5315. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 53. Early Retirement Option for State Employees|Subchapter II. Eligibility Provisions|§ 5315. Actuarial valuations and appropriations.

§ 5315. Actuarial valuations and appropriations. (a) The state appropriations to fund the benefits provided by this chapter shall be deposited monthly into the State Employees' Retirement Fund established by §  5541 of this title. (b) The State's appropriation to the Fund for the Fiscal Year 1991-92, and for each fiscal year thereafter, shall be the percentage of covered payroll approved by the Board on the basis of the actuarial valuation as of June 30, 1991, and shall be the payment required to amortize the added unfunded accrued liability over 24 years from July 1, 1991. The amortization payment shall be an amount computed as a level percentage of the prospective total covered payroll to be determined on the basis of a growth rate of 4% per year, compounded annually. 68 Del. Laws, c. 8, §  1;
29 DE Code § 5316. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 53. Early Retirement Option for State Employees|Subchapter II. Eligibility Provisions|§ 5316. Group life insurance.

§ 5316. Group life insurance. (a) Upon the death of an individual receiving a pension under this chapter a benefit will be provided in the same manner as benefits provided under § 5546 of this title to the designated beneficiary or in the absence of a designated beneficiary the amount of this benefit shall be paid to the deceased pensioner's estate. (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. 68 Del. Laws, c. 8, §  1;  68 Del. Laws, c. 290, §  60;  69 Del. Laws, c. 451, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 169, §  1;  73 Del. Laws, c. 146, §  4;
29 DE Code § 5502. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 55. State Employees’ Pension Plan|Subchapter I. General Provisions|§ 5502. Employment of pensioners.

§ 5502. Employment of pensioners. (a) An individual shall not receive a service or disability pension under this chapter for any month during which the individual is an employee unless the individual is:  (1) An official elected by popular vote at a regular state election; (2) An official appointed by the Governor; (3) A temporary, casual, seasonal or substitute employee as defined by the Board of Pension Trustees; (4) A substitute teacher employed by a school district in the State; (5) A temporary justice of the peace appointed pursuant to § 9211 of Title 10; or (6) A per diem employee of the General Assembly. (b) Nothing in this section shall prevent the State from employing an individual receiving a pension under this chapter as a registration or election official or as a juror. An individual so employed may receive the compensation provided by law without deduction from the individual's pension. (c) Nothing in this section shall prevent an employee 55 years of age or older from receiving an elected official service or disability pension. (d) Any employment under paragraph (a)(2), (a)(3) or (a)(4) of this section requires the individual to have a 6-month separation of service from his or her effective date of retirement if the individual is under age 65. Earnings from employment under paragraph (a)(3) or (a)(4) of this section will be subject to an annual earnings limit of $30,000. If an individual does exceed the allowable earned income the individual's state pension benefit from this chapter shall be reduced, with a $1.00 deduction for every $2.00 earned over $30,000. The deduction will begin in July of the year following the calendar year for which the earnings are reported, in a manner as determined by the Board. (e) Any individual who contracts with an employer participating in the plan or represents any private enterprise that has a contract with an employer participating in the plan must have a 6-month separation of service from his or her effective date of retirement if the individual is under age 65. The employer shall report to the Board, in a form prescribed by the Board, a certification of the worker's status for the individual. The certification will be used for a determination of the individual meeting the definition of employee under this chapter. 29 Del. C. 1953, §  5502;  57 Del. Laws, c. 592, §  1;  57 Del. Laws, c. 741, §  38A;  60 Del. Laws, c. 483, §  13;  62 Del. Laws, c. 70, §  1;  63 Del. Laws, c. 423, §  1;  65 Del. Laws, c. 80, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 119, §  1;  73 Del. Laws, c. 18, §  2;  73 Del. Laws, c. 79, §  2;  73 Del. Laws, c. 198, §  1;  73 Del. Laws, c. 430, §  2;  78 Del. Laws, c. 290, §  28;  79 Del. Laws, c. 78, §§  28, 29;  79 Del. Laws, c. 245, §  1;  81 Del. Laws, c. 79, §  43;
29 DE Code § 5503. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 55. State Employees’ Pension Plan|Subchapter I. General Provisions|§ 5503. Attachment and assignment of benefits.

§ 5503. Attachment and assignment of benefits. Except for orders of the Delaware Family Court for a sum certain payable on a periodic basis or for benefits payable under § 5546 of this title, the benefits provided by this chapter shall not be subject to attachment or execution and shall be payable only to the beneficiary designated and shall not be subject to assignment or transfer. 29 Del. C. 1953, §  5503;  57 Del. Laws, c. 592, §  1;  57 Del. Laws, c. 741, §  38A;  68 Del. Laws, c. 176, §  1;  78 Del. Laws, c. 115, §  1;
29 DE Code § 5504. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 55. State Employees’ Pension Plan|Subchapter I. General Provisions|§ 5504. Waiver of benefits.

§ 5504. Waiver of benefits. Any individual entitled to any benefits under this chapter may decline to accept all or any part of such benefits by a waiver signed and filed with the Board. Such waiver may be revoked in writing at any time, but no payment of the benefits waived shall be made covering the period during which such waiver was in effect. 29 Del. C. 1953, §  5504;  57 Del. Laws, c. 592, §  1;  57 Del. Laws, c. 741, §  38A;
29 DE Code § 5519. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 55. State Employees’ Pension Plan|Subchapter II. Eligibility Requirements and Benefits|§ 5519. Disability insurance option.

§ 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;
29 DE Code § 5520. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 55. State Employees’ Pension Plan|Subchapter II. Eligibility Requirements and Benefits|§ 5520. Retirement option.

§ 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;  70 Del. Laws, c. 186, §  1;
29 DE Code § 5521. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 55. State Employees’ Pension Plan|Subchapter II. Eligibility Requirements and Benefits|§ 5521. Amount of unified service, disability or survivor pension.

§ 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(e)(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;  79 Del. Laws, c. 174, §  1;
29 DE Code § 5523. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 55. State Employees’ Pension Plan|Subchapter II. Eligibility Requirements and Benefits|§ 5523. Vested right to service pension.

§ 5523. Vested right to service pension. (a) An employee who is not a post-2011 employee and who has 5 years of credited service exclusive of service under § 5501(e)(4), (5) and (12) of this title shall have a vested right to a pension. A post-2011 employee who has 10 years of credited service exclusive of service under § 5501(d)(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;  78 Del. Laws, c. 14, §  12;  79 Del. Laws, c. 174, §  1;
29 DE Code § 5524. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 55. State Employees’ Pension Plan|Subchapter II. Eligibility Requirements and Benefits|§ 5524. Eligibility for disability pension.

§ 5524. Eligibility for disability pension. (a) An employee who has 5 years of credited service, exclusive of service credited under § 5501(e)(4), (5) and (12) of this title, and develops a disability 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 developed a disability. (c) An employee shall be deemed to have developed a disability 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 to have a disability 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 condition or substance abuse have been exhausted, shall be deemed to have a disability 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;  78 Del. Laws, c. 179, §§  280-285;  79 Del. Laws, c. 174, §  1;
29 DE Code § 5525. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 55. State Employees’ Pension Plan|Subchapter II. Eligibility Requirements and Benefits|§ 5525. Payment of service pension.

§ 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;