11 DE Code § 8351. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter III. Service, Disability and Survivor’s Pensions|§ 8351. Definitions.

§ 8351. Definitions. As used in this subchapter:  (1) “Board” shall mean the Board of Pension Trustees established by § 8308 of Title 29. (2) “Compensation” shall mean all salary or wages, excluding overtime payments and special payments for extra duties, payable to a member for service. (3) “Credited service” shall mean, for any member:  a. Service as an employee; and b. Equalized state service if the member elects a unified pension. (4) “Dependent” shall mean a dependent child or dependent parent. A dependent child is a person who is unmarried and either:  a. Has not attained age 18; or b. Has attained age 18 but not age 22 and is attending school on a full-time basis; or c. Has attained age 18 and is permanently disabled as the result of a disability which began before the child attained age 18. A dependent parent is the parent of a member who was receiving at least one half of the parent's support from the member at the time of the member's death. (5) “Employee” shall mean an individual who is first employed by the State on or after July 1, 1980, on a full-time basis pursuant to an appointment as a State Police officer, as provided in § 8301 of this title. (6) “Equalized state service” shall mean:  a. Years of service as an “employee” as defined in § 5501(f)(1) and (3) of Title 29, multiplied by 25/30, provided that the individual is not accruing nor collecting benefits under Chapter 55 of Title 29. It shall not include service for which the employee has received the withdrawal benefit provided by § 5530 of Title 29, or the refund provided by § 5523(b) of Title 29, unless such benefit or refund is first repaid with interest at a rate determined by the Board before such service may be equalized. b. Years of service as an "employee" as defined in § 5551(5) of Title 29, multiplied by 25/30, provided that the individual is not accruing nor collecting benefits under Chapter 55A of Title 29. It shall not include service for which the employee has received the withdrawal benefit provided by §  5580 of Title 29, or the refund provided by §  5573(b) of Title 29, unless such benefit or refund is first repaid with interest at a rate determined by the Board before such service may be equalized. c. Years of service as an “employee” as defined in § 8801(5) of this title multiplied by 25/25, provided that the individual is not accruing nor collecting benefits under Chapter 88 of this title. It shall not include service for which the employee has received the withdrawal benefit provided by § 8824 of this title, or the refund provided by § 8814(d) of this title, unless such benefit or refund is first repaid with interest at a rate determined by the Board before such service may be equalized. (7) “Final average compensation” shall mean 1/36 of the compensation paid to an employee during any period of 36 consecutive months or any 36 months comprised of 3 periods of 12 consecutive months in the years of credited service in which the compensation was highest. (8) “Fund” shall mean the Fund established by § 8393 of this title. (9) “Inactive member” shall mean a member who:  a. Has terminated service; b. Is not eligible to begin receiving a service or disability pension; and c. Has neither applied for nor received a refund of the contributions. (10) “Member” shall mean a person who is first hired as an employee on or after July 1, 1980, and whose compensation is not subject to the federal old-age, survivors and disability insurance tax. (11) “Normal retirement date'' shall mean the date at which a member is eligible for a service pension pursuant to § 8363(a) of this title. For a member who has received a disability benefit, the period of disability plus credited service, not to exceed 20 years, shall be used in determining normal retirement date. (12) “Partial disability” shall mean a medically determined physical or mental impairment which renders the member unable to function as a State Police officer and which is reasonably expected to last at least 12 months. (13) “Primary survivor” shall mean a person in the following order of priority, unless the priority is changed by the member on a form prescribed by the Board and filed with the Board at the time of the member's death:  a. The surviving spouse; or b. If there is no eligible surviving spouse, a dependent child (or with the survivor's pension divided among them in equal shares, all such children, including any resulting from a pregnancy prior to the member's death); or c. If there is no eligible surviving spouse, or eligible dependent child, a dependent parent (or, with the survivor's pension divided between them in equal shares, both such parents). (14) “Retired member” shall mean a member who has terminated service, other than an inactive member, who is eligible to receive a service or disability pension under this subchapter. (15) “Total disability” shall mean a medically determined physical or mental impairment which renders the member totally unable to work in any occupation for which the member is reasonably suited by training or experience, which is reasonably expected to last at least 12 months.62 Del. Laws, c. 361, §  1;  67 Del. Laws, c. 86, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 167, §  1;  79 Del. Laws, c. 140, §  1;  79 Del. Laws, c. 174, §  1;  82 Del. Laws, c. 87, § 1;