reglab/housing_qa huggingface dataset:
14 DE Code § 3902. (2021)
2021 Delaware Code|Title 14 - Education|Chapter 39. Teachers’ Retirement and Disability Pensions|§ 3902. Retirement benefits.

§ 3902. Retirement benefits. Teachers who were inactive in their profession on April 23, 1945, who, prior to that date, taught in the public schools of this State for 25 years or more and are no longer capable of teaching, and teachers who were inactive in their profession on April 23, 1945, who, prior to that date, taught in the public schools of this State for 15 years or more and who attain the age of 65, shall be entitled to receive a pension out of the fund continued by § 3901 of this title for the duration of their respective lives. The amount of such pension shall be determined by the number of years of teaching service, as follows:   15 years of service, $185 per month;  16 to 20 years of service, $190 per month;  21 to 25 years of service, $200 per month;  26 or more years of service, $210 per month. 45 Del. Laws, c. 106, §  2;  47 Del. Laws, c. 240, §  2;  48 Del. Laws, c. 191, §  1;  14 Del. C. 1953, §  3902;  53 Del. Laws, c. 336, §  2;  54 Del. Laws, c. 326, §  1;  58 Del. Laws, c. 180, §  4A;
14 DE Code § 3903. (2021)
2021 Delaware Code|Title 14 - Education|Chapter 39. Teachers’ Retirement and Disability Pensions|§ 3903. Disability benefits.

§ 3903. Disability benefits. Teachers who, prior to April 23, 1945, because of failing or lost eyesight, loss of limb or other physical disability, were required to abandon the teaching profession, and, by reason of such disability, are incapable of securing employment producing a living wage, and who taught as many as 3 school years in this State, shall be entitled to receive, out of the fund continued by § 3901 of this title, the sum of $185 per month for the duration of their respective disabilities. 45 Del. Laws, c. 106, §  2;  47 Del. Laws, c. 240, §  2;  48 Del. Laws, c. 191, §  1;  14 Del. C. 1953, §  3903;  50 Del. Laws, c. 516, §  2;  53 Del. Laws, c. 336;  54 Del. Laws, c. 326, §  2;  58 Del. Laws, c. 180, §  4B;
14 DE Code § 3904. (2021)
2021 Delaware Code|Title 14 - Education|Chapter 39. Teachers’ Retirement and Disability Pensions|§ 3904. Application for benefits.

§ 3904. Application for benefits. Persons qualified to receive any nondisability retirement benefits under this chapter shall make application therefor to the Department of Finance. Persons qualified to receive any disability pension benefits under this chapter shall make application therefor to the Board of Pension Trustees. 45 Del. Laws, c. 106, §  2;  48 Del. Laws, c. 191, §  1;  14 Del. C. 1953, §  3904;  57 Del. Laws, c. 741, §  40A;
14 DE Code § 3905. (2021)
2021 Delaware Code|Title 14 - Education|Chapter 39. Teachers’ Retirement and Disability Pensions|§ 3905. Investigation of application and eligibility.

§ 3905. Investigation of application and eligibility. The Department of Finance and the Board of Pension Trustees shall make investigations in order to determine the eligibility of the applicants or persons entitled to receive benefits under this chapter, as provided by law. 45 Del. Laws, c. 106, §  3;  14 Del. C. 1953, §  3905;  57 Del. Laws, c. 741, §  40B;
14 DE Code § 3906. (2021)
2021 Delaware Code|Title 14 - Education|Chapter 39. Teachers’ Retirement and Disability Pensions|§ 3906. Payment of benefits.

§ 3906. Payment of benefits. The Secretary of Finance shall pay monthly to persons designated by the Department of Finance and Board of Pension Trustees as being entitled to the benefits of this chapter. 45 Del. Laws, c. 106, §  4;  14 Del. C. 1953, §  3906;  57 Del. Laws, c. 741, §  40C;
14 DE Code § 3907. (2021)
2021 Delaware Code|Title 14 - Education|Chapter 39. Teachers’ Retirement and Disability Pensions|§ 3907. Unexpended appropriations.

§ 3907. Unexpended appropriations. All moneys appropriated for the purposes of this chapter and not expended during any fiscal year shall revert to the General Fund of the State Treasury. 45 Del. Laws, c. 106, §  5;  14 Del. C. 1953, §  3907;
14 DE Code § 3908. (2021)
2021 Delaware Code|Title 14 - Education|Chapter 39. Teachers’ Retirement and Disability Pensions|§ 3908. Adjustment of benefits.

§ 3908. 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. 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. 14 Del. C. 1953, §  3908;  58 Del. Laws, c. 527, §  3;
14 DE Code § 3909. (2021)
2021 Delaware Code|Title 14 - Education|Chapter 39. Teachers’ Retirement and Disability Pensions|§ 3909. Increases in pensions.

§ 3909. Increases in pensions. (a) Effective January 1, 1976, any pension being paid under this chapter to an individual 60 years of age or older shall be increased by either: (1) $30 per month if such individual is also receiving or is eligible for benefits under the Federal Social Security Act; or (2) $50 per month if such individual is not also receiving or eligible for benefits under the Federal Social Security Act [42 U.S.C. § 401 et seq.]; provided that such increase shall be applied to the correct amount determined as a result of audits made between May 1971 and June 1972, and shall only be paid to an individual if such correct amount, inclusive of such increase, exceeds the amount of any pension being paid in accordance with § 3908(b) of this title. (b) Any pension under this chapter that is payable on February 15, 1980, shall be increased effective January 1, 1979, by $20 per month. (c) Any pension under this chapter that is payable on April 24, 1984, shall be increased effective July 1, 1984, by $30 per month. (d) Any pension under this chapter that is payable on the date this subsection is enacted into law shall be increased effective July 1, 1986, by $30 a month. (e) Any pension under this chapter that is payable on July 13, 1988, shall be increased effective July 1, 1988, by $105 a month. (f) Any pension under this chapter that is payable on the date this subsection is enacted into law shall be increased effective July 1, 1990, by $60 a month. 60 Del. Laws, c. 483, §  30;  62 Del. Laws, c. 200, §§  1, 2;  64 Del. Laws, c. 249, §  2;  65 Del. Laws, c. 489, §  2;  66 Del. Laws, c. 363, §  2;  67 Del. Laws, c. 422, §  2;
14 DE Code § 3910. (2021)
2021 Delaware Code|Title 14 - Education|Chapter 39. Teachers’ Retirement and Disability Pensions|§ 3910. Death benefits.

§ 3910. Death benefits. Upon the death of an individual receiving a pension under this chapter, the sum of $5,000 shall be paid 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. 64 Del. Laws, c. 446, §  1;  68 Del. Laws, c. 150, §  2;  69 Del. Laws, c. 451, §  2;  70 Del. Laws, c. 186, §  1;
14 DE Code § 4001. (2021)
2021 Delaware Code|Title 14 - Education|Chapter 40. Public School Employment Relations Act|§ 4001. Statement of policy.

§ 4001. Statement of policy. It is the declared policy of the State and the purpose of this chapter to promote harmonious and cooperative relationships between reorganized public school districts and their employees and to protect the public by assuring the orderly and uninterrupted operations and functions of the public school system. These policies are best effectuated by:  (1) Granting to school employees the right of organization and representation; (2) Obligating boards of education and school employee organizations which have been certified as representing their school employees to enter into collective bargaining negotiations with the willingness to resolve disputes relating to terms and conditions of employment and to reduce to writing any agreements reached through such negotiations; and (3) Establishing a public employment relations board to assist in resolving disputes between school employees and boards of education and to administer this chapter.14 Del. C. 1953, §  4002;  57 Del. Laws, c. 298;  63 Del. Laws, c. 333, §  1;
14 DE Code § 4003. (2021)
2021 Delaware Code|Title 14 - Education|Chapter 40. Public School Employment Relations Act|§ 4003. School employee rights.

§ 4003. School employee rights. School employees shall have the right to:  (1) Organize, form, join or assist any employee organization, provided that membership in, or an obligation resulting from collective bargaining negotiations to pay any dues, fees, assessments or other charges to an employee organization shall not be required as a condition of employment for certified professional school employees. (2) Negotiate collectively or grieve through representatives of their own choosing. (3) Engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection insofar as any such activity is not prohibited by this chapter or any other law of the State. (4) Be represented by their exclusive representative, if any, without discrimination.14 Del. C. 1953, §  4003;  57 Del. Laws, c. 298;  63 Del. Laws, c. 333, §  1;  67 Del. Laws, c. 404, §  4;
14 DE Code § 4004. (2021)
2021 Delaware Code|Title 14 - Education|Chapter 40. Public School Employment Relations Act|§ 4004. Employee organization as exclusive representative.

§ 4004. Employee organization as exclusive representative. (a) The employee organization designated or selected for the purpose of collective bargaining by the majority of the employees in an appropriate collective bargaining unit shall be the exclusive representative of all the employees in the unit for such purpose and shall have the duty to represent all unit employees without discrimination. Where an exclusive representative has been certified, a public school employer shall not bargain in regard to matters covered by this chapter with any employee, group of employees or other employee organization. (b) Nothing contained in this section shall prevent employees individually, or as a group, from presenting complaints to a public school employer and from having such complaints adjusted without the intervention of the exclusive representative for the bargaining unit of which they are a part, as long as the representative is given an opportunity to be present at such adjustment and to make its view known, and as long as the adjustment is not inconsistent with the terms of an agreement between the public school employer and the exclusive representative which is then in effect. The right of the exclusive representative shall not apply where the complaint involves matters of personal, embarrassing and confidential nature, and the complainant specifically requests, in writing, that the exclusive representative not be present. (c) Any employee organization which has been certified as an exclusive representative shall have the right to have its dues deducted and collected by the employer from the salaries of those employees, within the bargaining unit, who authorize, in writing, the deduction of said dues. Such authorization is revocable at the employee's written request, provided that said revocation shall not be effective until the next ensuing August 31 after the employer's receipt of the written notice. Said deductions shall commence upon the exclusive representative's written request to the employer. Such right to deduction shall be in force for so long as the employee organization remains the exclusive bargaining representative for the employees in the unit. The public school employer is expressly prohibited from any involvement in the collection of fines, penalties or special assessments levied on members by the exclusive representative. 14 Del. C. 1953, §  4006;  57 Del. Laws, c. 298;  63 Del. Laws, c. 333, §  1;  69 Del. Laws, c. 200, §  1;
14 DE Code § 4005. (2021)
2021 Delaware Code|Title 14 - Education|Chapter 40. Public School Employment Relations Act|§ 4005. School employer rights.

§ 4005. School employer rights. A public school employer is not required to engage in collective bargaining on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the public school employer, its standards of services, overall budget, utilization of technology, the organizational structure, curriculum, discipline and the selection and direction of personnel. 63 Del. Laws, c. 333, §  1;
14 DE Code § 4007. (2021)
2021 Delaware Code|Title 14 - Education|Chapter 40. Public School Employment Relations Act|§ 4007. Unfair labor practices — Enumerated.

§ 4007. Unfair labor practices — Enumerated. (a) It is an unfair labor practice for a public school employer or its designated representative to do any of the following:  (1) Interfere with, restrain or coerce any employee in or because of the exercise of any right guaranteed under this chapter. (2) Dominate, interfere with or assist in the formation, existence or administration of any labor organization. (3) Encourage or discourage membership in any employee organization by discrimination in regard to hiring, tenure or other terms and conditions of employment. (4) Discharge or otherwise discriminate against an employee because the employee has signed or filed an affidavit, petition or complaint, or has given information or testimony under this chapter. (5) Refuse to bargain collectively in good faith with an employee representative which is the exclusive representative of employees in an appropriate unit. (6) Refuse or fail to comply with any provision of this chapter or with rules and regulations established by the Board pursuant to its responsibility to regulate the conduct of collective bargaining under this chapter. (7) Refuse to reduce an agreement, reached as a result of collective bargaining, to writing and sign the resulting contract. (8) Refuse to disclose any public record as defined by Chapter 100 of Title 29. (b) It is unfair labor practice for a public school employee or for an employee organization or its designated representative to do any of the following:  (1) Interfere with, restrain or coerce any employee in or because of the exercise of any right guaranteed under this chapter.  (2) Refuse to bargain collectively in good faith with the public employer or its designated representative if the employee organization is an exclusive representative. (3) Refuse or fail to comply with any provision of this chapter or with rules and regulations established by the Board pursuant to its responsibility to regulate the conduct of collective bargaining under this chapter. (4) Refuse to reduce an agreement, reached as a result of collective bargaining, to writing and sign the resulting contract. (5) Distribute organizational literature or otherwise solicit public school employees during working hours in areas where the actual work of public school employees is being performed in such a way as to hinder or interfere with the operation of the public school employer. This paragraph shall not be construed to prohibit the distribution of literature during the employee's lunch hour or duty-free lunch period or in such areas not specifically devoted to the performance of the employee's official duties. (6) Hinder or prevent (by threats, intimidation, force or coercion of any kind) the pursuit of any lawful work or employment by any person, or unreasonably interfere with the entrance to or egress from any place of employment. (7) Instigate or advocate support, in any positive manner, for an employee organization's activities from students on school property.63 Del. Laws, c. 333, §  1;
14 DE Code § 4008. (2021)
2021 Delaware Code|Title 14 - Education|Chapter 40. Public School Employment Relations Act|§ 4008. Unfair labor practices — Disposition of complaints.

§ 4008. Unfair labor practices — Disposition of complaints. (a) The Board is empowered and directed to prevent any unfair labor practice and to issue appropriate remedial orders. Whenever it is charged that anyone has engaged or is engaging in any unfair practice as described in § 4007(a) and (b) of this title, the Board or any designated agent thereof shall have authority to issue and cause to be served upon such party a complaint stating the specific unfair practice charge and including a notice of hearing containing the date and place of hearing before the Board or any designated agent thereof. Evidence shall be taken and filed with the Board; provided, that no complaint shall issue based on any unfair labor practice occurring more than 180 days prior to the filing of the charge with the Board. (b) If, upon all the evidence taken, the Board shall determine that any party charged has engaged or is engaging in any such unfair practice, the Board shall state its findings of fact and conclusions of law and issue and cause to be served on such party an order requiring such party to cease and desist from such unfair practice, and to take such reasonable affirmative action as will effectuate the policies of this chapter, such as payment of damages and/or the reinstatement of employee. If, upon the evidence taken, the Board shall determine that any party charged has not engaged or is not engaging in any such unfair practice, the Board shall state, in writing, its findings of fact and conclusions of law and issues and dismiss the complaint. (c) In addition to the powers granted by this section, the Board shall have the power, at any time during proceedings authorized by this section, to issue orders providing such temporary or preliminary relief as the Board deems just and proper. 63 Del. Laws, c. 333, §  1;  72 Del. Laws, c. 146, §  1;
14 DE Code § 4009. (2021)
2021 Delaware Code|Title 14 - Education|Chapter 40. Public School Employment Relations Act|§ 4009. Unfair labor practices — Appeals; petitions for enforcement.

§ 4009. Unfair labor practices — Appeals; petitions for enforcement. (a) Any person adversely affected by a decision of the Board under § 4008 or § 4015 of this title may appeal that decision to the Chancery Court of this State. Such an appeal must be filed within 15 days of the date upon which the decision was rendered and shall not automatically act as a stay. (b) The Board may petition the Chancery Court of this State for enforcement of any order issued under § 4008 or § 4015 of this title. 63 Del. Laws, c. 333, §  1;  76 Del. Laws, c. 196, §§  6, 7;
14 DE Code § 4012. (2021)
2021 Delaware Code|Title 14 - Education|Chapter 40. Public School Employment Relations Act|§ 4012. Employee organizations required to register and submit annual reports.

§ 4012. Employee organizations required to register and submit annual reports. Every employee organization which has or seeks recognition as a representative of public school employees under this chapter shall file with the Board a registration report, signed by its president or other appropriate officer. Such report shall be updated on an annual basis by any organization which continues to have or seeks recognition, shall be in a form prescribed by the Board and shall be accompanied by 2 copies of the employee organization's constitution and bylaws. All changes or amendments to such constitutions and bylaws shall be promptly reported to the Board. 63 Del. Laws, c. 333, §  1;
14 DE Code § 4014. (2021)
2021 Delaware Code|Title 14 - Education|Chapter 40. Public School Employment Relations Act|§ 4014. Mediation.

§ 4014. Mediation. (a) If, after a reasonable period of negotiations over the terms of an agreement or after a reasonable time following certification of an exclusive representative, no agreement has been signed, the parties may voluntarily submit to mediation. If, however, no agreement is reached between the parties by 60 days prior to the expiration date of an existing collective bargaining agreement, or, in the case of a newly certified exclusive representative, within 60 days after negotiations have commenced, both parties shall immediately notify the Board of the status of negotiations. (b) If the parties have not voluntarily agreed to enlist the services of a mediator and less than 30 days remain before the expiration date of the existing collective bargaining agreement, or, in the case of a newly certified exclusive representative, more than 90 days have elapsed since negotiations began, the Board must appoint a mediator if so requested by the public school employer or the exclusive bargaining representative. The mediator shall be chosen from a list of qualified persons maintained by the Board and shall be representative of the public. (c) If the labor dispute has not been settled after a reasonable period of mediation, during which both parties have made a good faith effort to settle their differences, the parties jointly or individually may petition the Board in writing to initiate binding interest arbitration. In lieu of a petition, the mediator may inform the Board that further negotiations between the parties, at that time, are unlikely to be productive and recommend that binding interest arbitration be initiated. The public school employer and the exclusive bargaining representative may initiate binding interest arbitration at any time, by mutual agreement. (d) Any costs involved in retaining a mediator to assist the parties in reaching a negotiated agreement shall be paid by the Board. 14 Del. C. 1953, §  4010;  57 Del. Laws, c. 298;  63 Del. Laws, c. 333, §  1;  76 Del. Laws, c. 196, §  4;
14 DE Code § 4016. (2021)
2021 Delaware Code|Title 14 - Education|Chapter 40. Public School Employment Relations Act|§ 4016. Strikes prohibited.

§ 4016. Strikes prohibited. (a) No public school employee shall strike while in the performance of that public school employee's official duties. (b) No public school employee shall be entitled to any daily pay, wages, reimbursement of expenses, benefits or any consideration in lieu thereof, for the days on which the employee engaged in a strike. (c) Where a public school employee has lost entitlement to any daily pay or other consideration pursuant to subsection (b) of this section, any agreement between such public school employee or employee organization bargaining on such employee's behalf and a public school employer which provided for the direct or indirect restoration of such entitlement shall be void as against public policy. 14 Del. C. 1953, §  4011;  57 Del. Laws, c. 298;  63 Del. Laws, c. 333, §  1;  70 Del. Laws, c. 186, §  1;