reglab/housing_qa huggingface dataset:
11 DE Code § 8330. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter II. Pensions; Disability and Death Benefits|§ 8330. Employer pickup of employee contributions.

§ 8330. Employer pickup of employee 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 § 8322 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, §  4;
11 DE Code § 8331. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter II. Pensions; Disability and Death Benefits|§ 8331. Burial benefits.

§ 8331. 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, §  1;  76 Del. Laws, c. 80, §  90;
11 DE Code § 8332. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter II. Pensions; Disability and Death Benefits|§ 8332. Payment of benefits.

§ 8332. 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 Closed State Police Retirement Fund shall be liable for any amount in excess of such sums. 71 Del. Laws, c. 132, §  85;
11 DE Code § 8333. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter II. Pensions; Disability and Death Benefits|§ 8333. Attachment and assignment of benefits.

§ 8333. Attachment and assignment of benefits. Except for orders of the Delaware Family Court for a sum certain payable on a periodic basis, 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. 71 Del. Laws, c. 337, §  6;
11 DE Code § 8334. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter II. Pensions; Disability and Death Benefits|§ 8334. Establishment of Fund.

§ 8334. Establishment of Fund. There shall be established a State Police Retirement Fund, hereinafter referred to as “Fund,” to which state appropriations and other employer contributions shall be deposited monthly and to which employee contributions shall be deposited upon deduction from the employee's paycheck and to which earnings on investments, any other contributions, gifts, donations, grants, 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. 76 Del. Laws, c. 279, §  9;
11 DE Code § 8352. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter III. Service, Disability and Survivor’s Pensions|§ 8352. Employment of pensioners.

§ 8352. Employment of pensioners. An individual shall not receive a pension under this subchapter for any month during which the individual is an employee, as defined in § 8351(5) of this title or § 5501 of Title 29, unless the individual is:  (1) An official elected by popular vote at a regular or special election; or (2) An official appointed by the Governor; or (3) A registration or election official, or a juror; or (4) Receiving an ordinary service, disability or survivor's pension. The employment, except employment as an elected official, may not be used for further retirement benefits. 62 Del. Laws, c. 361, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 142, §§  1, 2;
11 DE Code § 8353. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter III. Service, Disability and Survivor’s Pensions|§ 8353. Attachment and assignment of benefits.

§ 8353. Attachment and assignment of benefits. Except for orders of the Delaware Family Court for a sum certain payable on a periodic basis, 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. 62 Del. Laws, c. 361, §  1;  71 Del. Laws, c. 337, §  1;
11 DE Code § 8354. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter III. Service, Disability and Survivor’s Pensions|§ 8354. Powers and duties of the Board.

§ 8354. Powers and duties of the Board. The Board shall have the power and duty to appoint an Executive Secretary who shall be responsible for determining the eligibility for retirement pension benefits under this chapter. 82 Del. Laws, c. 87, § 2;
11 DE Code § 8361. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter III. Service, Disability and Survivor’s Pensions|§ 8361. Mandatory retirement.

§ 8361. Mandatory retirement. A member may retire after accumulating 20 years of credited service as defined in § 8351(3)a. of this title, or shall be retired upon reaching the age of 55 years. 62 Del. Laws, c. 361, §  1;  66 Del. Laws, c. 192, §  2;  72 Del. Laws, c. 483, §  2;
11 DE Code § 8362. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter III. Service, Disability and Survivor’s Pensions|§ 8362. Retirement option.

§ 8362. Retirement option. When the member applies for a pension, the member shall choose either a unified pension or an ordinary pension. 62 Del. Laws, c. 361, §  1;  67 Del. Laws, c. 86, §  9;  70 Del. Laws, c. 186, §  1;
11 DE Code § 8363. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter III. Service, Disability and Survivor’s Pensions|§ 8363. Eligibility for service pension.

§ 8363. Eligibility for service pension. (a) A member shall become eligible to receive a service pension, after the member has terminated employment, beginning with the month when:  (1) The member has 10 years of credited service, and has attained age 62; or (2) The member's age plus credited service (but not less than 10 years) equals 75; or (3) The member has 10 years of service and is retired due to age, pursuant to § 8361 of this title; or (4) The member has 20 years of credited service. (b) An inactive member with a vested right to a service pension shall become eligible to receive such pension, computed in accordance with this subchapter in effect when the member ceased to be an employee, beginning with the first month after attainment of age 62. (c) For purposes of this section, credited service shall include any period during which a member is receiving a disability pension as provided by this subchapter. (d) Any member of the Delaware River and Bay Authority Police Department, the University of Delaware Police Department or a municipal police department not covered under § 8351(6) of this title who is subsequently employed by the Delaware State Police may receive credit for such previous service upon payment to the Fund, on or before the date of issuance of the individual's first benefit check, of a single lump sum payment equal to the actuarial value of the pension benefits to be derived from such service credits compiled on the basis of actuarial assumptions approved by the Board and the individual's attained age and final average compensation. 62 Del. Laws, c. 361, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 483, §  1;  73 Del. Laws, c. 373, §  1;  74 Del. Laws, c. 412, §  1;
11 DE Code § 8364. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter III. Service, Disability and Survivor’s Pensions|§ 8364. Vested rights; cancellation of service credits.

§ 8364. Vested rights; cancellation of service credits. (a) A member who has 10 years of credited service shall have a vested right to a service pension. (b) If a member who has less than 10 years of credited service ceases to be an employee, the member's service credits to the date of termination shall be cancelled unless:  (1) The member again becomes an employee within 4 months after such cessation of employment; or (2) The member subsequently acquires 5 years of credited service; or (3) The member has joined the state employees' pension system; and provided that if the member has withdrawn contributions the member repays with interest at a rate determined by the Board. (c) For purposes of this section, credited service shall include any period during which a member is receiving a disability pension as provided by this subchapter.  (d) A former employee's vested right shall be forfeited upon application for a refund of accumulated contributions. 62 Del. Laws, c. 361, §  1;  67 Del. Laws, c. 86, §  12;  70 Del. Laws, c. 186, §  1;
11 DE Code § 8365. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter III. Service, Disability and Survivor’s Pensions|§ 8365. Eligibility for disability pension.

§ 8365. Eligibility for disability pension. (a) A member who suffers a partial or total disability resulting from an individual and specific act the type of which would normally occur only while employed as a police officer shall be eligible for a duty-connected disability pension. If such act involves a traumatic event which directly causes an immediate cardiovascular condition which results in partial or total disability, the member shall be eligible for a partial or total duty-connected disability pension. (b) A member with 5 years of credited service who suffers a partial or total disability and who is not eligible for a duty-connected disability pension shall be eligible for an ordinary partial or total disability pension. (c) The determination of disability and its cause shall be made by the Board, or, if so delegated by the Board, by the Executive Secretary, after review of medical documentation submitted by the applicant in the form required by the Board. (d) For the purposes of this section, whether a member is employed as an on-duty state trooper, as a municipal officer pursuant to a contract with the State, or on an authorized special duty function, the following duties shall be presumed to occur only while employed as a police officer, without limiting the scope of acts embraced by subsection (a) of this section:  (1) Engaging in a high-speed chase; (2) Effecting an arrest (criminal or traffic); (3) Pursuing a suspect (criminal or traffic); (4) Patrolling (criminal or traffic); (5) Directing traffic or removing traffic hazards; (6) Assisting a civilian, for example, a motorist alongside of the highway or rendering aid in a life-threatening situation (fire, drowning); (7) In-service training other than physical fitness; (8) Performing police functions at a crime scene or in connection with the investigation thereof; or (9) Being assaulted whether by a suspect, detainee, arrestee, prisoner or mental patient.62 Del. Laws, c. 361, §  1;  70 Del. Laws, c. 374, §  1;  82 Del. Laws, c. 87, § 3;
11 DE Code § 8366. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter III. Service, Disability and Survivor’s Pensions|§ 8366. Payment of service pension.

§ 8366. Payment of service pension. Service pension payments shall be made to a retired member for each month beginning with the month in which the member becomes eligible to receive such pension and ending with the month in which the member dies. 62 Del. Laws, c. 361, §  1;  70 Del. Laws, c. 186, §  1;
11 DE Code § 8367. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter III. Service, Disability and Survivor’s Pensions|§ 8367. Payment of disability pension.

§ 8367. Payment of disability pension. (a) Disability pension payments shall be made to a member for each month beginning with the month in which the member becomes eligible to receive such pension and ending with the month in which the member ceases to be eligible or dies. (b) Any member receiving a disability pension who has not reached normal retirement date shall report to the Board annually, in a form prescribed by the Board, total earnings from any gainful occupation or business and worker's compensation benefits in the preceding calendar year. The excess of such earnings and/or such benefits over the current base pay of the rank held at the time of disability shall be deducted from the disability pension beginning 90 days following the day the report is due, in a manner determined by the Board. If any member 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) If a member who is initially determined to be totally disabled recovers, yet is still partially disabled, the total disability pension shall be reduced to a partial disability pension for as long as the member shall remain partially disabled. (d) If a member who is disabled recovers and is no longer totally or partially disabled, the disability pension shall be discontinued unless:  (1) The member has reached normal retirement date; or (2) In the case of a duty-connected disability, the member is not offered employment by the State in a position for which the member is suited by training and experience. (e) A member aggrieved by the reclassification or termination of disability pension pursuant to subsection (c) or (d) of this section may appeal such decision to the Superior Court within 30 days of the day the decision is mailed. The appeal shall be on the record, without a trial de novo. The Court may remand the case to the Board for further proceedings on the record if the Court determines that the record is insufficient for review. When factual determinations are at issue, the Court's review, in the absence of actual fraud, shall be limited to a determination of whether the Board's decision is supported by substantial evidence in the record. 62 Del. Laws, c. 361, §  1;  70 Del. Laws, c. 186, §  1;
11 DE Code § 8368. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter III. Service, Disability and Survivor’s Pensions|§ 8368. Amount of ordinary service pension [For application of this section, see 79 Del. Laws, c. 315, § 10].

§ 8368. Amount of ordinary service pension [For application of this section, see 79 Del. Laws, c. 315, § 10]. (a) The amount of the monthly ordinary service pension payable to a retired member shall be the sum of 2.5% of final average compensation multiplied by years of service up to 20 years inclusive, plus 3.5% of final average compensation multiplied by years of service above 20 years. (b) Notwithstanding provisions of this chapter to the contrary, a member may elect to have his or her service or disability pension computed under this chapter reduced by 2% thereby providing a survivor's pension equal to 2/3 of such reduced amount to the employee's eligible survivor or survivors at the time of the employee's death. This election must be made in a form approved by the Board, filed prior to the issuance of the employee's first benefit check and shall be irrevocable. (c) Notwithstanding provisions of this chapter to the contrary, a member may elect to have his or her service or disability pension computed under this chapter reduced by 3% thereby providing a survivor's pension equal to 75% of such reduced amount to the employee's eligible survivor or survivors at the time of the employee's death. This election must be made in a form approved by the Board, filed prior to the issuance of the employee's first benefit check and shall be irrevocable. (d) Notwithstanding provisions of this chapter to the contrary, a member may elect to have his or her service or disability pension computed under this chapter reduced by 6% thereby providing a survivor's pension equal to 100% of such reduced amount to the employee's eligible survivor or survivors at the time of the employee's death. This election must be made in a form approved by the Board, filed prior to the issuance of the employee's first benefit check and shall be irrevocable. 62 Del. Laws, c. 361, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 483, §  4;  79 Del. Laws, c. 315, §  7;
11 DE Code § 8369. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter III. Service, Disability and Survivor’s Pensions|§ 8369. Amount of unified service, disability or survivor pension.

§ 8369. 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 subchapter III of this chapter, exclusive of service credited under § 8351(6) of this title; plus (2) The sum of the amounts computed, based on credited service as an employee, according to subchapter II of Chapter 55 of Title 29; subchapter II of Chapter 55A of Title 29; and Chapter 88 of this title.62 Del. Laws, c. 361, §  1;  67 Del. Laws, c. 86, §  7;
11 DE Code § 8370. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter III. Service, Disability and Survivor’s Pensions|§ 8370. Amount of duty-connected disability pension.

§ 8370. Amount of duty-connected disability pension. (a) The duty-connected total disability pension shall be 75% of compensation plus 10% of compensation for each dependent during the period of dependency, not to exceed a total of 25% of compensation for all dependents. (b) The duty-connected partial disability pension shall be computed in the same manner as the service pension based on credited service accrued to the date of disability, subject to a minimum of 50% of compensation. (c) Medical costs made necessary by reason of duty-connected disability shall be paid by the Fund. 62 Del. Laws, c. 361, §  1;
11 DE Code § 8371. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter III. Service, Disability and Survivor’s Pensions|§ 8371. Amount of ordinary disability pension.

§ 8371. Amount of ordinary disability pension. The ordinary disability pension shall be computed in the same manner as the service pension based on credited service accrued to the date of disability, subject to the following:  (1) In the case of total disability, the minimum pension shall be 50% of compensation plus 5% of compensation for each dependent during the period of dependency, not to exceed a total of 20% of compensation for all dependents; and (2) In the case of partial disability, the minimum pension shall be 30% of compensation.62 Del. Laws, c. 361, §  1;
11 DE Code § 8372. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter III. Service, Disability and Survivor’s Pensions|§ 8372. Ordinary survivor's pension [For application of this section, see 79 Del. Laws, c. 315, § 10].

§ 8372. Ordinary survivor's pension [For application of this section, see 79 Del. Laws, c. 315, § 10]. (a) Upon the death of a member in service, a monthly survivor's pension shall be payable to the primary survivor equal to 1/2 of the member's compensation. (b) Upon the death of a member in service, whose death occurred in the line of duty, a monthly survivor's pension shall be payable to the primary survivor equal to three-quarters of the member's compensation. (c) Upon the death of a retired member, a monthly survivor's pension shall be payable to the primary survivor and surviving dependents equal to the greater of: (i) 1/2 of such service or disability pension; (ii) if such pension was computed under the provisions of § 8368(b) of this title,2/3 of such service or disability pension; (iii) if such pension was computed under the provisions of § 8368(c) of this title, 75% of such service or disability pension; or (iv) if such pension was computed under the provisions of § 8368(d) of this title, 100% of such service or disability pension. If the primary survivor is the surviving spouse, such person must have been married to the deceased member:  (1) Prior to retirement; or (2) For at least 1 year before the date of death, unless the death was the result of an accident. (d) A survivor's pension shall begin with the month following the month in which the member or retired member dies. If payable to a surviving spouse who dies, it shall become payable in the following month to the next primary survivor as defined in § 8351(13) of this title or cease with that month in the absence of eligible dependents. If payable to a child who dies or fails to meet the conditions of eligibility in § 8351(4) of this title it shall become payable in the following month to a dependent parent or cease with that month in the absence of eligible parents. If payable to a parent, it shall cease with the month in which the parent dies. 62 Del. Laws, c. 361, §  1;  67 Del. Laws, c. 86, §  16;  69 Del. Laws, c. 154, §  2;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 100, §§  1, 2;  79 Del. Laws, c. 315, §  8;
11 DE Code § 8373. (2021)
2021 Delaware Code|Title 11 - Crimes and Criminal Procedure|Chapter 83. State Police|Subchapter III. Service, Disability and Survivor’s Pensions|§ 8373. Death benefit.

§ 8373. Death benefit. Upon the death of a member, inactive member, retired member or individual receiving a survivor's pension, there shall be paid to the designated beneficiary or beneficiaries or, in the absence of a designated beneficiary, to the estate of the member, inactive member, retired member or survivor, a lump sum equal to the excess, if any, of the accumulated member contributions with interest over the aggregate of all pension payments made. 62 Del. Laws, c. 361, §  1;