reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 29 - State Government › Chapter 56. PENSIONS FOR MEMBERS OF THE STATE JUDICIARY › § 5606. Application for benefits.

§ 5606. Application for benefits.
(a) A service pension, disability pension, survivor's pension, death benefit or withdrawal benefit shall be paid only upon the filing of an application in a form prescribed by the Board. A monthly benefit shall not be payable for any month earlier than second month preceding the date on which the application for such benefit is filed.
(b) The Board may require any member 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 member or eligible survivor does not cooperate in the furnishing or procuring thereof.
(c) Upon receipt of any form pursuant to subsection (a) of this section, the Board shall consider the retirement and if they find that benefits are due under this chapter they shall notify the State Treasurer who shall make payments of benefits under this chapter out of the State Judiciary Retirement Fund or out of funds transferred for the purpose from the General Fund, as provided in § 5601 of this title.
(d) A service pension, disability pension, or survivor's pension applied for under this act may be paid into a Miller Trust Bank account, pursuant to the creation of an irrevocable income assignment trust (“Miller Trust”), established on behalf of an eligible pensioner or survivor covered under this chapter who is a person with disabilities, so long as the Miller Trust is established consistent with the laws of the State of Delaware, the laws of the United States and in accordance with the rules and regulations of the local and federal agencies responsible for administering assistance programs for persons with disabilities.
29 Del. C. 1953, §  5607;  50 Del. Laws, c. 119, §  1;  50 Del. Laws, c. 554, §§  3, 4;  57 Del. Laws, c. 741, §§  39B, 39C;  62 Del. Laws, c. 415, §  15;  77 Del. Laws, c. 408, §  2;
2023 Delaware Code › Title 29 - State Government › Chapter 56. PENSIONS FOR MEMBERS OF THE STATE JUDICIARY › § 5607. Termination of pension benefits.

§ 5607. Termination of pension benefits.
Any benefits available to any judge under this chapter shall immediately terminate upon the judge's appointment to and acceptance of any judicial office under state law.
29 Del. C. 1953, §  5608;  50 Del. Laws, c. 119, §  1;  55 Del. Laws, c. 428, §  2;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 66, §  3;
2023 Delaware Code › Title 29 - State Government › Chapter 56. PENSIONS FOR MEMBERS OF THE STATE JUDICIARY › § 5608. Death benefit; withdrawal benefit.

§ 5608. Death benefit; withdrawal benefit.
(a) Upon the death of a member, or if a survivor's pension is payable upon such death, when such pension ceases to be payable, there shall be paid to the designated beneficiary or, in the absence of a designated beneficiary, to the estate of the member, a lump sum equal to the excess, if any, of the accumulated member contributions over the aggregate of all pension payments made. Such contributions shall exclude interest for members covered by the closed plan, and include interest for members covered by the revised plan.
(b) Upon the withdrawal from service of a member who is not eligible for a service or disability pension, his or her accumulated contributions without interest if covered by the closed plan, or with interest if covered by the revised plan, shall be paid to him or her.
29 Del. C. 1953, §  5609;  50 Del. Laws, c. 119, §  1;  62 Del. Laws, c. 415, §  16;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 56. PENSIONS FOR MEMBERS OF THE STATE JUDICIARY › § 5609. Relationship of judicial pensions to other pensions; social security.

§ 5609. Relationship of judicial pensions to other pensions; social security.
(a) No judge, while serving as a judge, shall be entitled to receive any other pension:
(1) Payable by the State under any law of the State,
(2) For which the judge would otherwise be eligible because of the judge's prior service as an employee, officer or elected or appointed official.
Upon the judge's retirement or death, the judge or the person or persons entitled to survivor's benefits provided under this chapter shall be entitled to receive the pension benefits provided under this chapter as well as any other pension benefits for which the judge or the person or persons entitled to survivor's benefits is eligible under any other pension plan payable by the State.
(b) Within 6 months after July 7, 1998, any judge who withdrew his or her contributions from any other pension plan payable by the State, shall be entitled to repay the contributions, with interest at a rate to be determined by the Board. Repayment in accordance with this subsection shall restore all pension benefits for which the judge would have been eligible under the other pension plan payable by the State had the judge not withdrawn his or her contributions.
(c) Nothing contained in this chapter shall prevent any judge from participating on the same basis as other state employees in the social security program except that federal Social Security payments to which a judge may become entitled shall not be deducted from any pension payments made under this chapter.
29 Del. C. 1953, §  5610;  50 Del. Laws, c. 554, §  5;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 365, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 56. PENSIONS FOR MEMBERS OF THE STATE JUDICIARY › § 5610. Assignment of retired judges to active duty.

§ 5610. Assignment of retired judges to active duty.
(a) (1) Any judge retired from a statutorily created court and receiving a judicial pension may be designated by the Chief Justice of the Supreme Court to perform such judicial duties in any court where such retired judge could serve if such retired judge still held the judicial position from which the judge retired; provided, however, that such retired judge assents to such designation and provided further that such retired judge is not actively engaged in the practice of law.
(2) Any justice, judge, chancellor or vice chancellor who is retired and receiving a judicial pension may be designated by the Chief Justice of the Supreme Court pursuant to a constitutional or statutory authority to sit temporarily in the court from which the justice, judge, chancellor or vice chancellor retired or in any other court to which the justice, judge, chancellor or vice chancellor could be designated under the Constitution and statutes of the State if the justice, judge, chancellor or vice chancellor still held the judicial position from which the justice, judge, chancellor or vice chancellor retired and if the retired justice, judge, chancellor or vice chancellor assents to such designation, and is not actively engaged in the practice of law. However, no former justice, judge, chancellor or vice chancellor shall be designated to sit in the Supreme Court except temporarily to fill up the number of that Court to the required quorum.
(b) Any retired justice, judge, chancellor or vice chancellor accepting an active duty designation pursuant to the constitutional or statutory authorization shall be compensated on a per diem basis on the formula representing 1/365 of the annual salary for such a retired justice, judge, chancellor or vice chancellor, but in no event shall the total compensation received on a per diem basis when added to the retirement pay exceed the then current annual salary of the judicial position from which such justice, judge, chancellor or vice chancellor has retired. In addition, each retired justice, judge, chancellor or vice chancellor so serving shall receive reimbursement for expenses for travel or secretarial services necessarily incurred for the performance of such active duty.
29 Del. C. 1953, §  5611;  56 Del. Laws, c. 198, §  4;  63 Del. Laws, c. 241, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 94, §  53;  83 Del. Laws, c. 337, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 56. PENSIONS FOR MEMBERS OF THE STATE JUDICIARY › § 5611. Adjustment of benefits under closed plan.

§ 5611. Adjustment of benefits under closed plan.
(a) On and after July 1, 1972, no pension provided under the closed plan 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.
29 Del. C. 1953, §  5612;  58 Del. Laws, c. 527, §  4;  62 Del. Laws, c. 415, §  17;
2023 Delaware Code › Title 29 - State Government › Chapter 56. PENSIONS FOR MEMBERS OF THE STATE JUDICIARY › § 5612. Revised plan — Eligibility; annual pension for permanent disability.

§ 5612. Revised plan — Eligibility; annual pension for permanent disability.
(a) A member covered by the revised plan shall become eligible to receive a pension who has:
(1) Completed 12 years of service as a judge, and has attained age 62;
(2) Completed 24 years of service; or
(3) Been involuntarily retired after having served 22 years as a judge.
(b) A member covered by the revised plan who has completed 12 years of service as a judge shall have a vested right to a pension. Such right shall be forfeited upon his or her application for a refund of his or her accumulated contributions.
(c) If a member of the state judiciary shall develop a permanent physical or mental disability, while in office, the member shall, from and after the ascertainment of such disability in the manner hereafter set forth, receive an annual pension from the State, payable in equal monthly installments during the remainder of the member's lifetime. A member of the state judiciary may be deemed to have a permanent physical or mental disability and unable to perform the duties of the member's office after the Board of Pension Trustees has considered a certificate to that effect signed by the Chief Justice of the Supreme Court, or if the Chief Justice shall be the subject of such certificate, by the senior Justice of the Supreme Court, and by 3 persons duly licensed to practice medicine or surgery in this State and who have been actively engaged in such practice in this State for at least 10 years immediately preceding the signing of such certificate; said 3 persons to be previously designated by the Trustees.
62 Del. Laws, c. 415, §  4;  64 Del. Laws, c. 199, §  1;  64 Del. Laws, c. 309, §  2;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 134, §  2;  78 Del. Laws, c. 179, §§  298-300;
2023 Delaware Code › Title 29 - State Government › Chapter 56. PENSIONS FOR MEMBERS OF THE STATE JUDICIARY › § 5615. Adjustment of benefits.

§ 5615. Adjustment of benefits.
Benefits provided under the revised and closed plans shall be adjusted in the same manner as benefits provided under Chapter 55 of this title.
62 Del. Laws, c. 415, §  18;  63 Del. Laws, c. 443, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 56. PENSIONS FOR MEMBERS OF THE STATE JUDICIARY › § 5616. Actuarial valuations and appropriations.

§ 5616. Actuarial valuations and appropriations.
(a) The actuary shall prepare an actuarial valuation of the assets and liabilities of the funds as of June 30, each year. On the basis of reasonable actuarial assumptions and tables approved by the Board, the actuary shall determine the normal cost required to meet the actuarial cost of current service and the unfunded actuarial accrued liability.
(b) The State's appropriation to the funds for the Fiscal Year 1994, and for each fiscal year thereafter, shall be the percentage of covered payroll approved by the Board on the basis of the most recent actuarial valuation, and shall equal the sum of the normal cost plus the payment required to implement the provisions of subsection (c) of this section plus the payment required to amortize the unfunded actuarial accrued liability over 40 years from July 1, 1981. The amortization payment shall be an amount computed as a level percentage of the prospective total covered payroll over the remainder of the amortization periods, with such prospective total covered payroll to be determined on the basis of a growth rate, as determined by the Board, compounded annually. Except as provided in subsection (c) of this section, all funds appropriated pursuant to this subsection shall be deposited into the Fund established by § 5601 of this title.
(c) In order to provide a fund for post retirement increases, the State shall include in its annual appropriation payments equal to 2.33% of covered payroll, subject to the limitations contained in § 5548(a)(2) of this title. Beginning with the Fiscal Year 1994 budget, .70% of covered payroll shall be appropriated; in Fiscal Year 1995, 1.11% of covered payroll shall be appropriated; in Fiscal Year 1996, 1.52% of covered payroll shall be appropriated; in fiscal year 1997, 1.93% of covered payroll shall be appropriated; in Fiscal Year 1998 and each fiscal year thereafter 2.33% of covered payroll shall be appropriated. Funds appropriated to implement this subsection shall be deposited into the Post Retirement Fund established by § 5548 of this title.
69 Del. Laws, c. 104, §  4;  78 Del. Laws, c. 116, §  5;
2023 Delaware Code › Title 29 - State Government › Chapter 56. PENSIONS FOR MEMBERS OF THE STATE JUDICIARY › § 5617. Increases in pensions.

§ 5617. Increases in pensions.
Any monthly service or disability pension which became effective before January 1, 1979, and is payable on July 23, 1982, and any survivor pension based on a former service or disability pension that was effective prior to January 1, 1979, shall be increased effective July 1, 1982, in accordance with the following schedule:
Year Service or Disability
Percent Increase in Pension
Pension Becomes Effective
Effective 7/1/82
Prior to 1971
31%
1971
21%
1972
19%
1973
16%
1974
10%
After 1974
5%
63 Del. Laws, c. 443, §  2;
2023 Delaware Code › Title 29 - State Government › Chapter 56. PENSIONS FOR MEMBERS OF THE STATE JUDICIARY › § 5618. Employer pickup of employee contributions.

§ 5618. 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 § 5601 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, §  3;
2023 Delaware Code › Title 29 - State Government › Chapter 56. PENSIONS FOR MEMBERS OF THE STATE JUDICIARY › § 5619. Payment of benefits.

§ 5619. 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 State Judiciary Retirement Fund shall be liable for any amount in excess of such sums.
71 Del. Laws, c. 132, §  87;
2023 Delaware Code › Title 29 - State Government › Chapter 56. PENSIONS FOR MEMBERS OF THE STATE JUDICIARY › § 5620. Attachment and assignment of benefits.

§ 5620. 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, §  7;
2023 Delaware Code › Title 29 - State Government › Chapter 56. PENSIONS FOR MEMBERS OF THE STATE JUDICIARY › § 5621. Other post-employment benefits appropriations.

§ 5621. Other post-employment benefits appropriations.
Funds appropriated to implement this section shall be deposited into the OPEB Fund as established by § 5281 of this title.
76 Del. Laws, c. 70, §  8;
2023 Delaware Code › Title 29 - State Government › Chapter 56. PENSIONS FOR MEMBERS OF THE STATE JUDICIARY › § 5622. Establishment of Fund.

§ 5622. Establishment of Fund.
There shall be established a State Judiciary 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, §  7;
2023 Delaware Code › Title 29 - State Government › Chapter 57. SOCIAL SECURITY › § 5702. Declaration of policy.

§ 5702. Declaration of policy.
(a) In order to extend to employees of the State and its political subdivisions and to the dependents and survivors of such employees the basic protection accorded to others by the old-age and survivors insurance system embodied in the Social Security Act, it is declared to be the policy of the General Assembly, subject to the limitations of this chapter, that such steps be taken as to provide such protection to employees of the State and its political subdivisions on as broad a basis as is permitted under the Social Security Act.
(b) It is also the policy of the General Assembly that the protection afforded employees in positions covered by a retirement system on the date an agreement under this chapter is made applicable to service performed in such positions or those receiving periodic benefits under such retirement system at such time will not be impaired as a result of making the agreement so applicable or as a result of legislative enactment in anticipation thereof.
48 Del. Laws, c. 344, §  1;  29 Del. C. 1953, §  5702;  50 Del. Laws, c. 445, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 57. SOCIAL SECURITY › § 5704. Interstate instrumentalities.

§ 5704. Interstate instrumentalities.
Any instrumentality jointly created by this State and any other state or states may, upon the granting of like authority by such other state or states:
(1) Enter into an agreement with the Secretary of Health, Education and Welfare whereby the benefits of the federal old-age and survivors insurance system shall be extended to employees of such instrumentality;
(2) Require its employees to pay, and for that purpose to deduct from their wages, contributions equal to the amounts which they would be required to pay under subsection (a) of § 5705 of this title if they were covered by an agreement made pursuant to § 5703 of this title; and
(3) Make payments to the Secretary of the Treasury in accordance with such agreement, including payments from its own funds, and otherwise to comply with such agreements.
Such agreement shall, to the extent practicable, be consistent with the terms and provisions of § 5703 of this title and other provisions of this chapter.
48 Del. Laws, c. 344, §  3;  29 Del. C. 1953, §  5704;  50 Del. Laws, c. 445, §  5;
2023 Delaware Code › Title 29 - State Government › Chapter 57. SOCIAL SECURITY › § 5705. Contributions by state employees.

§ 5705. Contributions by state employees.
(a) Every employee of the State whose services are covered by an agreement entered into under § 5703 of this title shall be required to pay for the period of such coverage into the Contribution Fund established by § 5707 of this title contributions with respect to wages equal to the amount of the employee tax which would be imposed by the Federal Insurance Contributions Act if such services constituted employment within the meaning of such Act. Such liability shall arise in consideration of the employee's retention in the service of the State or the employee's entry upon such service after June 8, 1951.
(b) The contribution imposed by this section shall be collected by deducting the amount of the contribution from wages as and when paid, but failure to make such deduction shall not relieve the employee from liability for such contribution.
(c) If more or less than the correct amount of the contribution imposed by this section is paid or deducted with respect to any remuneration, proper adjustments or refund, if adjustment is impracticable, shall be made, without interest, in such manner and at such times as the State Agency shall prescribe.
48 Del. Laws, c. 344, §  4;  29 Del. C. 1953, §  5705;  50 Del. Laws, c. 445, §  10;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 57. SOCIAL SECURITY › § 5708. Rules and regulations.

§ 5708. Rules and regulations.
The State Agency shall make and publish such rules and regulations, not inconsistent with this chapter, as it finds necessary or appropriate to the efficient administration of the functions with which it is charged under this chapter.
48 Del. Laws, c. 344, §  8;  29 Del. C. 1953, §  5708;
2023 Delaware Code › Title 29 - State Government › Chapter 57. SOCIAL SECURITY › § 5709. Studies and reports.

§ 5709. Studies and reports.
The State Agency shall make studies concerning the problem of old-age and survivors' insurance protection for employees of the state and local governments and their instrumentalities and concerning the operation of agreements made and plans approved under this chapter. It shall also submit a report to the General Assembly at the beginning of each regular session, covering the administration and operation of this chapter during the preceding calendar year, including such recommendations for amendments to this chapter as it considers proper.
48 Del. Laws, c. 344, §  9;  29 Del. C. 1953, §  5709;
2023 Delaware Code › Title 29 - State Government › Chapter 57. SOCIAL SECURITY › § 5710. Referenda and certification.

§ 5710. Referenda and certification.
(a) With respect to employees of the State, the Governor is empowered to authorize a referendum, the cost of such referendum to be borne by the State, and, with respect to the employees of any political subdivision, the Governor shall authorize a referendum upon request of the governing body of such subdivision, the cost of such referendum to be borne by the political subdivision; and in either case the referendum shall be conducted, and the Governor shall designate an agency or individual to supervise its conduct, in accordance with the requirements of § 218(d)(3) of the Social Security Act [42 U.S.C. § 418(d)(3)], on the question of whether service in positions covered by a retirement system established by the State or by a political subdivision thereof should be excluded from or included under an agreement under this chapter. The notice of referendum required by § 218(d)(3)(C) of the Social Security Act [42 U.S.C. § 418(d)(3)(C)] to be given to employees shall contain or shall be accompanied by a statement, in such form and such detail as the agency or individual designated to supervise the referendum shall deem necessary and sufficient, to inform the employees of the rights which will accrue to them and their dependents and survivors and the liabilities to which they will be subject if their services are included under an agreement under this chapter.
(b) Upon receiving evidence satisfactory to the Governor that with respect to any such referendum the conditions specified in § 218(d)(3) of the Social Security Act have been met, the Governor shall so certify to the Secretary of Health, Education and Welfare.
29 Del. C. 1953, §  5710;  50 Del. Laws, c. 445, §  13;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 58. LAWS REGULATING THE CONDUCT OF OFFICERS AND EMPLOYEES OF THE STATE › Subchapter I. State Employees’, Officers’ and Officials’ Code of Conduct › § 5801. Short title.

§ 5801. Short title.
This subchapter shall be known and may be cited as the “State Employees', Officers' and Officials' Code of Conduct.”
67 Del. Laws, c. 417, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 58. LAWS REGULATING THE CONDUCT OF OFFICERS AND EMPLOYEES OF THE STATE › Subchapter I. State Employees’, Officers’ and Officials’ Code of Conduct › § 5802. Legislative findings and statement of policy.

§ 5802. Legislative findings and statement of policy.
The General Assembly finds and declares:
(1) In our democratic form of government, the conduct of officers and employees of the State must hold the respect and confidence of the people. They must, therefore, avoid conduct which is in violation of their public trust or which creates a justifiable impression among the public that such trust is being violated.
(2) To ensure propriety and to preserve public confidence, officers and employees of the State must have the benefit of specific standards to guide their conduct and of some disciplinary mechanisms to guarantee uniform maintenance of those standards. Some standards of this type are so vital to government that violation thereof should subject the violator to criminal penalties.
(3) In our democratic form of government, it is both necessary and desirable that all citizens should be encouraged to assume public office and employment, and that, therefore, the activities of officers and employees of the State should not be unduly circumscribed.
(4) It is the desire of the General Assembly that all counties, municipalities and towns adopt code of conduct legislation at least as stringent as this act to apply to their employees and elected and appointed officials. This subchapter shall apply to any county, municipality or town and the employees and elected and appointed officials thereof which has not enacted such legislation by January 23, 1993. No code of conduct legislation shall be deemed sufficient to exempt any county, municipality or town from the purview of this subchapter unless the code of conduct has been submitted to the State Ethics Commission and determined by a majority vote thereof to be at least as stringent as this subchapter. Any change to an approved code of conduct must similarly be approved by the State Ethics Commission to continue the exemption from this subchapter.
67 Del. Laws, c. 417, §§  1, 2;  68 Del. Laws, c. 433, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 58. LAWS REGULATING THE CONDUCT OF OFFICERS AND EMPLOYEES OF THE STATE › Subchapter I. State Employees’, Officers’ and Officials’ Code of Conduct › § 5803. Construction.

§ 5803. Construction.
This subchapter shall be construed to promote high standards of ethical conduct in state government.
59 Del. Laws, c. 575, §  1;  67 Del. Laws, c. 417, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 58. LAWS REGULATING THE CONDUCT OF OFFICERS AND EMPLOYEES OF THE STATE › Subchapter I. State Employees’, Officers’ and Officials’ Code of Conduct › § 5808. State Public Integrity Commission; establishment, membership, offices.

§ 5808. State Public Integrity Commission; establishment, membership, offices.
(a) The State Ethics Commission is hereby renamed and reestablished as the State Public Integrity Commission to assume the functions of the State Ethics Commission and to administer and implement this chapter, and to perform such other responsibilities as may be entrusted to it by law.
(b) The Commission shall consist of 7 members appointed by the Governor with the concurrence of the Senate. Not more than 4 members shall be registered with the same political party. No member shall hold any elected or appointed office under the government of the United States or the State or be a candidate for any such office. No member shall hold any political party office or an office in any political campaign. Members of the Commission may be removed by the Governor, with the concurrence of the Senate, for substantial neglect of duty, gross misconduct in office or violation of this chapter.
(c) A member of the Commission shall be appointed for a term of office of 7 years and until a successor has been appointed and has qualified, except that initially the Commission shall consist of the members of the former State Ethics Commission as of July 15, 1994, and said members shall serve the remaining portion of their terms and until their successors have been appointed and have qualified. No member shall serve for more than 1 full 7-year term. When a vacancy occurs in the membership of the Commission, it shall be filled by appointment for the unexpired portion of the term in the same manner as original appointments.
(d) The Commission shall elect a chairperson from among its membership. Four members of the Commission shall constitute a quorum and, if a quorum is present, a vacancy on the Commission shall not impair the right of the remaining members to exercise all the powers of the Commission. Disciplinary hearings may be conducted and sanctions may be imposed only by the affirmative action of at least 4 members. Otherwise the Commission may delegate authority to the chairperson to act for the Commission between meetings.
(e) Each member of the Commission shall be compensated at the rate of $100 for each day devoted to the performance of official duties. Each member of the Commission shall be reimbursed for reasonable and necessary expenses incurred in the performance of official duties.
(f) The principal office of the Commission shall be in Dover but it may meet, and exercise its power, at any other place in the State.
67 Del. Laws, c. 417, §  1;  69 Del. Laws, c. 467, §  8;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 58. LAWS REGULATING THE CONDUCT OF OFFICERS AND EMPLOYEES OF THE STATE › Subchapter I. State Employees’, Officers’ and Officials’ Code of Conduct › § 5808B. Commission Counsel's appointment contingent upon appropriations.

§ 5808B. Commission Counsel's appointment contingent upon appropriations.
The Commission Counsel established by § 5808A of this title shall not be appointed by the Commission until adequate funds have been appropriated for such purpose. In the absence of such appointment, the Attorney General shall provide legal assistance to the Commission and shall exercise any duties assigned to the Commission Counsel by this chapter. Such duties may also be exercised by outside counsel chosen by the Commission, if adequate funds are appropriated for such purpose.
69 Del. Laws, c. 467, §  9;
2023 Delaware Code › Title 29 - State Government › Chapter 58. LAWS REGULATING THE CONDUCT OF OFFICERS AND EMPLOYEES OF THE STATE › Subchapter I. State Employees’, Officers’ and Officials’ Code of Conduct › § 5810A. Judicial review.

§ 5810A. Judicial review.
In the event that the Commission finds that any person has violated any provision of this chapter, said person shall have a right of appeal to Superior Court of any such finding and of any sanctions imposed with respect thereto by filing a notice of appeal with the Superior Court within 30 days of the final action by the Commission in a particular case. The appeal shall be on the record without a trial de novo. If the Court determines that the record is insufficient for its review, it shall remand the case to the Commission for further proceedings on the record. The Court's review, in the absence of actual fraud, shall be limited to a determination of whether the Commission's decision was supported by substantial evidence on the record. The burden of proof in any such appeal shall be on the appellant.
67 Del. Laws, c. 417, §  1;  69 Del. Laws, c. 467, §  19;
2023 Delaware Code › Title 29 - State Government › Chapter 58. LAWS REGULATING THE CONDUCT OF OFFICERS AND EMPLOYEES OF THE STATE › Subchapter II. Financial Disclosure › § 5811. Findings.

§ 5811. Findings.
The General Assembly finds and declares that:
(1) In our democratic form of government, persons serving in state government hold positions of public trust which require rigorous adherence to the highest standards of honesty, integrity and impartiality.
(2) In order to insure propriety and preserve public trust, a public official or employee should refrain from acting in an official capacity on any matter wherein the employee or official has a direct or indirect personal financial interest that might reasonably be expected to impair objectivity or independence of judgment, and should avoid even the appearance of impropriety.
(3) A disclosure of the personal financial interests of public officials will serve to guard against conduct violative of this public trust and to restore the public's faith and confidence in representatives of its government.
64 Del. Laws, c. 110, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 58. LAWS REGULATING THE CONDUCT OF OFFICERS AND EMPLOYEES OF THE STATE › Subchapter II. Financial Disclosure › § 5813A. Report disclosing council or board membership.

§ 5813A. Report disclosing council or board membership.
(a) Every person elected to a state office or appointed to fill a vacancy in an elective state office, or who has filed as a candidate for an elective state office shall disclose in writing to the Commission, and the Commission shall record in its public officer docket, the name and address of every nonprofit organization, excluding religious organizations, civic association, community association, foundation, maintenance organization, or trade group incorporated in the State or having activities in the State, or both, of which the person is a council member or board member.
(b) The disclosure required by subsection (a) of this section must be submitted along with, or as part of, the financial disclosure information required to be provided to the Commission pursuant to § 5813 of this title.
77 Del. Laws, c. 349, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 58. LAWS REGULATING THE CONDUCT OF OFFICERS AND EMPLOYEES OF THE STATE › Subchapter II. Financial Disclosure › § 5814. Retention of reports.

§ 5814. Retention of reports.
(a) The Commission shall keep the reports required by this subchapter on file for so long as the person submitting such report is a public officer of this State, as defined in § 5812 of this title, and for at least 5 years thereafter. All reports on file with agencies other than the Commission as of January 15, 1995, shall be transferred to the Commission by April 15, 1995.
(b) The reports filed pursuant to this subchapter shall be made available at reasonable hours for public inspection and copying pursuant to Chapter 100 of this title.
64 Del. Laws, c. 110, §  1;  69 Del. Laws, c. 467, §  24;
2023 Delaware Code › Title 29 - State Government › Chapter 58. LAWS REGULATING THE CONDUCT OF OFFICERS AND EMPLOYEES OF THE STATE › Subchapter II. Financial Disclosure › § 5815. Violations; penalties; jurisdiction of Superior Court.

§ 5815. Violations; penalties; jurisdiction of Superior Court.
(a) Any public officer who wilfully fails to file a report in violation of §§ 5813, 5813A of this title shall be guilty of a class B misdemeanor.
(b) Any public officer who knowingly files any report required by §§ 5813, 5813A of this title that is false in any material respect shall be guilty of a class A misdemeanor.
(c) The Commission may refer a violation of this subchapter by a candidate for state-wide office to the State Election Commissioner for further action. The Commission may refer to the Commission Counsel for investigation and/or may refer any suspected violation of this subchapter by any public officer to the Attorney General for investigation and prosecution; provided however, that the Commission shall refer any suspected violation of this subchapter by a member of the General Assembly or the judiciary to the Attorney General, who shall have the exclusive authority to investigate and prosecute or otherwise recommend remedies or sanctions for such suspected violation.
(d) Superior Court shall have jurisdiction over all offenses under this subchapter.
64 Del. Laws, c. 110, §  1;  69 Del. Laws, c. 467, §  25;  77 Del. Laws, c. 349, §  2;  79 Del. Laws, c. 351, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 58. LAWS REGULATING THE CONDUCT OF OFFICERS AND EMPLOYEES OF THE STATE › Subchapter II. Financial Disclosure › § 5816. Protection of confidentiality.

§ 5816. Protection of confidentiality.
Nothing contained in this subchapter shall be construed as requiring the disclosure of any fact the confidentiality of which is protected by any applicable federal or state law. Disclosures made pursuant to § 5815 of this title shall not be deemed a violation of this section.
64 Del. Laws, c. 110, §  1;  79 Del. Laws, c. 351, §  2;
2023 Delaware Code › Title 29 - State Government › Chapter 58. LAWS REGULATING THE CONDUCT OF OFFICERS AND EMPLOYEES OF THE STATE › Subchapter III. Compensation Policy › § 5821. Findings.

§ 5821. Findings.
(a) There are numerous elected state officials and other paid appointed officials who are also employed by state agencies, educational and other institutions, and other jurisdictions of government within the State.
(b) The members of the General Assembly believe that the taxpayers of Delaware should not pay an individual more than once for coincident hours of the workday.
(c) The State should have in place clear policies and procedures to ensure that taxpayers of the State as a whole, and of its various governmental jurisdictions, are not paying employees or officials from more than 1 tax-funded source for duties performed during coincident hours of the workday.
65 Del. Laws, c. 488, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 58. LAWS REGULATING THE CONDUCT OF OFFICERS AND EMPLOYEES OF THE STATE › Subchapter III. Compensation Policy › § 5822. Policy.

§ 5822. Policy.
(a) Any person employed by the State, or by any political subdivision of the State, including but not limited to any county, city or municipality, who also serves in an elected or paid appointed position in state government or in the government of any political subdivision of the State, including but not limited to any county, city or municipality, shall have his or her pay reduced on a prorated basis for any hours or days missed during the course of the employee's normal workday or during the course of the employee's normal workweek while serving in an elected or paid appointed position which requires the employee to miss any time which is normally required of other employees in the same or similar positions.
(b) Any day an employee misses work due to his or her elected or paid appointed position, he or she shall have his or her immediate supervisor verify a time record stating specifically the number of hours worked that day; said verification to take place at least once every pay period.
(c) All time records, so verified, shall be kept by the immediate supervisor until such time as they are required by the State Auditor.
(d) No employee shall be permitted to make up time during hours other than the normal workday for purposes of compensation. A normal workday is defined by Merit Rule 5.0200. A standard work schedule is defined by Merit Rule 5.0210.
(e) Any hours or days during which an employee uses vacation, personal, or compensatory days to which he or she is entitled shall not constitute hours or days which fall within the scope of this subchapter.
(f) School administrators whose duties require that they work regularly during summer months shall not be exempted from this chapter. If a school administrator shall have no immediate supervisor, the school administrator's time record shall be verified by the appropriate school board at its next regular or special meeting following any pay period in which said administrator missed work due to his or her elected or paid appointed position.
65 Del. Laws, c. 488, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 190, §§  1, 2;
2023 Delaware Code › Title 29 - State Government › Chapter 58. LAWS REGULATING THE CONDUCT OF OFFICERS AND EMPLOYEES OF THE STATE › Subchapter III. Compensation Policy › § 5823. Audits; penalty.

§ 5823. Audits; penalty.
(a) The State Auditor shall conduct an annual audit of the time records which have been kept by the supervisors or school board in accordance with § 5822(b) and (c) of this title to determine whether or not an employee was paid from more than 1 tax-funded source for working coincident hours of the day.
(b) Any discrepancy found by the State Auditor shall be reported to the Public Integrity Commission for investigation pursuant to § 5810 of this title and/or to the Office of the Attorney General for possible prosecution under § 876 of Title 11 (tampering with public records in the first degree) and any other appropriate section.
65 Del. Laws, c. 488, §  1;  69 Del. Laws, c. 467, §  26;
2023 Delaware Code › Title 29 - State Government › Chapter 58. LAWS REGULATING THE CONDUCT OF OFFICERS AND EMPLOYEES OF THE STATE › Subchapter IV. Registration of Lobbyists › § 5832. Registration of lobbyists with the State Public Integrity Commission.

§ 5832. Registration of lobbyists with the State Public Integrity Commission.
(a) Every lobbyist shall register electronically with the Commission in a lobbyist docket and file, at that time, the authorization from the lobbyist's employer as required by § 5833 of this title. A person who qualifies as a lobbyist in accordance with § 5831(a)(5)a. or b. of this title shall register prior to performing any acts as a lobbyist. A person who qualifies as a lobbyist in accordance with § 5831(a)(5)c. of this title must register within 5 days after so qualifying, if not already registered as a lobbyist.
(b) The information recorded in the Commission's lobbyist docket shall include for each separate employer:
(1) The name, residence or business address and occupation of each lobbyist;
(2) The name and business address of the employer of such lobbyist;
(3) The date on which the employment as lobbyist commenced;
(4) The length of time the employment is to continue; and
(5) The subject matter of legislation, regulation or administrative action as to which the employment relates at that time.
(c) Upon any change in the information recorded in the lobbyist docket, the lobbyist shall within 5 business days report such changes to the Commission, which shall record the change in the docket.
(d) The Commission shall promptly furnish copies of each entry in the lobbyist docket to the Chief Clerk of the House of Representatives, the Secretary of the Senate, the Governor and the head of any state agency upon request of such persons.
69 Del. Laws, c. 467, §  28;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 401, §§  2, 3;
2023 Delaware Code › Title 29 - State Government › Chapter 58. LAWS REGULATING THE CONDUCT OF OFFICERS AND EMPLOYEES OF THE STATE › Subchapter IV. Registration of Lobbyists › § 5833. Employer's authorization to act.

§ 5833. Employer's authorization to act.
Every employer of a lobbyist shall verify such employment and the contents of the electronic Employer Authorization form submitted to the Commission not later than 15 business days after the lobbyist has registered with the Commission. If the employer is a corporation, association or labor union, any authorized officer or agent who is not the lobbyist shall provide electronic verification to the Commission. The authorization shall include the full and legal name and business address of both the employer and the lobbyist, the period of time during which the lobbyist is authorized to act and the subject or subjects of legislation, regulation or administrative action upon which the employer is represented.
69 Del. Laws, c. 467, §  28;  79 Del. Laws, c. 348, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 58. LAWS REGULATING THE CONDUCT OF OFFICERS AND EMPLOYEES OF THE STATE › Subchapter IV. Registration of Lobbyists › § 5834. Compensation of lobbyist not to be substantially dependent on outcome of legislative or administrative action.

§ 5834. Compensation of lobbyist not to be substantially dependent on outcome of legislative or administrative action.
No person shall employ a lobbyist nor shall any person be employed as a lobbyist pursuant to any compensation agreement that permits more than half of the compensation to be paid to such a lobbyist to be dependent upon the outcome of any legislative or administrative action.
69 Del. Laws, c. 467, §  28;
2023 Delaware Code › Title 29 - State Government › Chapter 58. LAWS REGULATING THE CONDUCT OF OFFICERS AND EMPLOYEES OF THE STATE › Subchapter IV. Registration of Lobbyists › § 5835. Financial reports by lobbyists.

§ 5835. Financial reports by lobbyists.
(a) On or before the twentieth day of the month following each calendar quarter, each lobbyist shall file electronically a report covering the immediately preceding calendar quarter and containing the information required by this section.
(b) A lobbyist shall file separate reports for each employer which the lobbyist represents. Each report shall contain the total expenditures during the reporting period for all direct expenditures, costs or values, whichever is greater, provided for members of the General Assembly or for employees or members of any state agency for the following:
(1) Food and refreshment;
(2) Entertainment, including the cost of maintaining a hospitality room;
(3) Lodging expenses away from home;
(4) Fair value of travel if the trip exceeds 100 miles;
(5) Recreation expenses; and
(6) Gifts or contributions, excluding political contributions as defined in Chapter 80 of Title 15.
(c) The information shall be reported electronically and shall show the total expenditures for the reporting period and shall also list the recipient any time the expenditures exceed $50 per diem. The lobbyist shall also affirm that the lobbyist has provided the recipient of any gift in excess of $50 with a representation as to the value of the gift. The records shall be retained for a period of 4 years from the date of filing.
69 Del. Laws, c. 467, §  28;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 401, §  4;  80 Del. Laws, c. 393, §  1;