2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 88. DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN › § 8801. Definitions.

§ 8801. Definitions.
As used in this chapter:
(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;
b. Equalized state service if the member elects a unified pension;
c. Service as an employee before the date of affiliation with the Fund by the employer, provided the actuarially-determined past service cost associated with such service is paid into the Fund on a schedule approved by the Board of Pension Trustees; and
d. Service with a police department not covered under paragraph (6) of this section by someone who is subsequently employed as a police officer by a county or municipality in Delaware, which has affiliated with the Fund established by this chapter 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 assumption approved by the board and the individual's attained age and final average compensation.
(4) “Dependent” shall mean a dependent child or dependent parent. A dependent child is a person who is unmarried and either has not attained age 18, or has attained age 18 but not age 22 and is attending school on a full-time basis, or has attained age 18 and is permanently disabled as the result of a disability which began before the dependent attained age 18. A dependent parent is the parent of a member who was receiving at least one half of the support from the member at the time of the member's death.
(5) “Employee” shall mean:
a. An individual who is employed on a full-time basis as a police officer by a county or municipality in Delaware which has affiliated with the Fund established by this chapter; or
b. An individual who is employed on a full-time basis as a uniformed firefighter by the City of Wilmington after affiliation by the City of Wilmington with the Fund established by this chapter; or
c. An individual employed on a full-time basis as a uniformed paramedic by a county in Delaware which has affiliated with the Fund established by this chapter;or
d. An individual employed on a full-time basis with duties as both a paid firefighter and a paid emergency medical technician in a volunteer fire company which has affiliated with the Fund established by this chapter.
(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 § 8351(5) of this title, multiplied by 25/25, provided that the individual is not accruing nor collecting benefits under subchapter III of Chapter 83 of this title. It shall not include service for which the employee has received the withdrawal benefit provided by § 8374 of this title, or the refund provided by § 8364(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 1/3 6 of the compensation paid to an employee during any period of 36 consecutive months for services rendered during those 36 months, in the years of credited service in which the compensation was highest.
(8) The clause “for which the member is eligible under the Federal Social Security Act” shall mean the old age insurance benefit or the disability insurance benefit for which an individual is or will be eligible by virtue of age and the wage credits under the Federal Social Security Act (42 U.S.C. § 301 et seq.), based on the final average compensation and the Federal Social Security Act (42 U.S.C. § 301 et seq.) in effect when the individual ceased to be an employee under this chapter and computed in accordance with rules and regulations approved by the Board, regardless of any other factors such as, without limitation, whether the employee has made application for Social Security benefits or is subsequently employed.
(9) “Fund” shall mean the Fund established by § 8843 of this title.
(10) “Inactive member” shall mean a member who is an employee on or after the member:
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 contributions.
(11) “Member” shall mean a person who is an employee on or after the date the employer affiliates with the Fund.
(12) “Normal retirement date'' shall mean the date at which a member is eligible for a service pension pursuant to § 8813(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.
(13) “Partial disability” shall mean a medically determined physical or mental impairment which renders the member unable to function as a police officer and which is reasonably expected to last at least 12 months.
(14) “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 on file 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 and 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).
(15) “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 chapter.
(16) “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.
64 Del. Laws, c. 445, §  1;  65 Del. Laws, c. 91, §  1;  67 Del. Laws, c. 86, §  2;  67 Del. Laws, c. 327, §  2;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 43, §  1;  79 Del. Laws, c. 140, §  1;  79 Del. Laws, c. 174, §  1;  79 Del. Laws, c. 413, §  1;  81 Del. Laws, c. 179, § 1;  81 Del. Laws, c. 368, § 1;  82 Del. Laws, c. 87, § 4;