reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 29 - State Government › Chapter 52. HEALTH CARE INSURANCE › § 5216. Cost sharing in diabetes equipment and supplies.

§ 5216. Cost sharing in diabetes equipment and supplies.
(a) For purposes of this section, “diabetes equipment and supplies” means blood glucose meters and strips, urine testing strips, syringes, continuous glucose monitors and supplies, and insulin pump supplies.
(b) The plan for regular employees and eligible pensioners who are not entitled to services, rights, or benefits under the federal Medicare program shall provide coverage for diabetes equipment or supplies as follows:
(1) A covered individual shall pay under the health plan no more than $35 per month for each enrolled individual, regardless of the amount or types of diabetes equipment or supplies needed. The $35 per month cap includes deductible payments and cost-sharing amounts charged once a deductible is met.
(2) Cost-sharing shall not be imposed under the covered individual's drug coverage.
(c) The cap on the amount a covered individual is required to pay under subsection (b) of this section applies to an enrolled individual who is in compliance with all coordination of benefits policies of the plan, including spousal coordination of benefits.
83 Del. Laws, c. 521, § 3;
2023 Delaware Code › Title 29 - State Government › Chapter 52. HEALTH CARE INSURANCE › § 5217. Supplemental and diagnostic breast examinations [For application of this section, see 84 Del. Laws, c. 121, § 5].

§ 5217. Supplemental and diagnostic breast examinations [For application of this section, see 84 Del. Laws, c. 121, § 5].
(a) As used in this section:
(1) “Breast magnetic resonance imaging” or “breast MRI” means a diagnostic tool, including standard and abbreviated breast MRI, that uses radio waves and magnets to produce detailed images of structures within the breast. A breast MRI may be used as a screening tool when clinically indicated, including after indeterminant results from a mammogram that requires additional evaluation and for those at high risk for breast cancer.
(2) “Breast ultrasound” means a noninvasive diagnostic tool that uses high-frequency sound waves and their echoes to produce detailed images of structures within the breast. A breast ultrasound may be used as a screening tool when clinically indicated, including after indeterminant results from a mammogram that requires additional evaluation and for those at high risk for breast cancer.
(3) “Cost-sharing requirement” means a deductible, coinsurance, or copayment and any maximum limitation on the application of such a deductible, coinsurance, copayment, or similar out-of-pocket expense.
(4) “Diagnostic breast examination” means a medically-necessary and clinically-appropriate examination of the breast, including such examination using breast MRI, breast ultrasound, or mammogram, that is used for either of the following:
a. To evaluate an abnormality seen or suspected from a screening examination for breast cancer.
b. To evaluate an abnormality detected by another means of examination.
(5) “Mammogram” means a diagnostic or screening mammography exam using a low-dose X-ray to produce an image of the breast.
(6) “Supplemental breast screening examination” means a medically-necessary and clinically-appropriate examination of the breast, including such examination using breast MRI, breast ultrasound, or mammogram, that is used for either of the following:
a. To screen for breast cancer when there is no abnormality seen or suspected in the breast.
b. Based on personal or family medical history or additional factors that may increase the individual's risk of breast cancer.
(b) The plan shall provide coverage for diagnostic breast examinations and supplemental breast screening examinations. The terms of such coverage, including cost-sharing requirements, shall be no less favorable than the cost-sharing requirements applicable to screening mammography for breast cancer.
84 Del. Laws, c. 121, § 3;
2023 Delaware Code › Title 29 - State Government › Chapter 52A. DISABILITY INSURANCE PROGRAM › § 5251. Definitions.

§ 5251. Definitions.
As used in this chapter:
(1) “Carrier” means the disability insurance company selected pursuant to § 5254 of this title.
(2) “Committee” means the State Employee Benefits Committee as established by § 9602 of this title.
(3) “Creditable compensation” means the base rate of compensation that the employee received on the last day of employment before the employee developed a disability as determined by the Committee.
(4) “Disability benefit” means income replacement payments payable to a participating employee under a short-term or long-term disability benefit program pursuant to this chapter.
(5) “Employee” means an eligible “employee” as defined in § 5501 of this title who elects to participates in the Program as specified in § 5519 of this title. This shall include any employee who is collecting benefits pursuant to § 8352(4) of Title 11.
(6) “Employment” means any occupation for which the employee is reasonably suited by training or experience.
(7) “Program” means the Disability Insurance Program created pursuant to this chapter providing short-term and long-term disability benefits for eligible employees electing to participate in the Program.
75 Del. Laws, c. 191, §  1;  76 Del. Laws, c. 321, §  1;  78 Del. Laws, c. 179, §  276;  79 Del. Laws, c. 174, §  1;  84 Del. Laws, c. 233, § 57;
2023 Delaware Code › Title 29 - State Government › Chapter 52A. DISABILITY INSURANCE PROGRAM › § 5254. Selection of the group disability insurance carrier.

§ 5254. Selection of the group disability insurance carrier.
Disability insurance coverage pursuant to this chapter may be provided and/or administered by an insurance carrier licensed under the laws of this State. The carrier shall be selected by a vote of the Committee, and legally authorized to transact business within this State, and having adequate servicing facilities to carry out the terms of the contract as awarded by Committee.
75 Del. Laws, c. 191, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 52A. DISABILITY INSURANCE PROGRAM › § 5255. Disability program design and administration.

§ 5255. Disability program design and administration.
The carrier selected pursuant to § 5254 of this title may determine the eligibility of a participating employee to receive short-term and/or long-term disability benefits. Such carrier shall also provide short-term and long-term disability benefits to eligible employees, and shall administer both the short and long-term disability programs established pursuant to this chapter. The Committee may adopt rules and regulations regarding proper administration of the disability program. Such rules shall include, but not be limited to, standards relating to the determination of disability; appeal procedures, requirements for medical or psychological examinations; the adjustment or termination of payments based on the mental or physical condition of the employee, and/or education, training, and experience of the employee. The disability program administrator's performance shall be evaluated on an annual basis by the Committee.
75 Del. Laws, c. 191, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 52A. DISABILITY INSURANCE PROGRAM › § 5256. Authority and duties of the State Employee Benefits Committee.

§ 5256. Authority and duties of the State Employee Benefits Committee.
The State Employee Benefits Committee established by § 9602 of this title shall have the following powers, duties and functions under this chapter:
(1) Control and management of the State Employees' Disability Insurance Program as provided by this chapter.
(2) Authority to establish the state employees' short-term disability insurance program on a self-insured basis and a long-term disability insurance program on an insured basis.
(3) Selection, in its sole discretion, of the carriers or third-party administrators deemed to offer the programs which will best satisfy the interests of the State and its employees in carrying out the intent of this chapter.
(4) Authority to adopt rules and regulations for the general administration of the Disability Insurance Program established pursuant to this chapter.
(5) Authority to make and enter into any and all contracts with any agency of the State, or any outside agency, for the purpose of assisting in the general administration of this chapter.
(6) The Committee may require any employee to furnish such information as may be required for the determination of benefits under this chapter, or to authorize the Committee to procure such information. The Committee may withhold payment of any benefit under this chapter whenever the determination of such benefit is dependent upon such information and the employee does not cooperate in the furnishing or procuring thereof.
75 Del. Laws, c. 191, §  1;  75 Del. Laws, c. 351, §  9;
2023 Delaware Code › Title 29 - State Government › Chapter 52A. DISABILITY INSURANCE PROGRAM › § 5257. Return to work.

§ 5257. Return to work.
(a) Once an employee has been determined to have the ability to return to employment by the Committee, the employee will receive the following assistance:
(1) Merit employees may be placed in any vacant merit position, for which they qualify, by the Secretary of the Department of Human Resources.
(2) Nonmerit state employees, and employees from nonstate employers will be placed by that employer into a vacant position within their respective agency for which the employee qualifies.
(b) Once an individual has been determined to have the ability to return to employment by the committee, the individual will receive the following assistance:
(1) Former merit employees enrolled in and previously deemed eligible for the Long-Term Disability Program may, when available and appropriate, be placed by the Department of Human Resources in any merit position, for which they qualify without a certification list, as long as the paygrade does not exceed their paygrade at the time of their acceptance into and eligibility for the Short-Term Disability Program. Exceptions to the paygrade limitation may be made for vacancies for which a documented shortage of qualified applicants exists.
(2) Former nonmerit employees enrolled in and previously deemed eligible for the Long-Term Disability Program will be placed by their previous employer into a vacant position within their respective agency for which they qualify.
75 Del. Laws, c. 227, §  1;  75 Del. Laws, c. 351, §  10;  81 Del. Laws, c. 66, §  26;
2023 Delaware Code › Title 29 - State Government › Chapter 52B. OTHER POST-EMPLOYMENT BENEFITS FUND › § 5280. Definitions.

§ 5280. Definitions.
(a) “Board” means the Board of Pension Trustees established by § 8308 of this title.
(b) “OPEB Fund” means the Other Post-Employment Benefits Fund established by § 5281 of this title.
76 Del. Laws, c. 70, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 52B. OTHER POST-EMPLOYMENT BENEFITS FUND › § 5281. Establishment of fund.

§ 5281. Establishment of fund.
(a) There shall be established an OPEB Fund, a trust fund, separate and distinct from the funds established under §§ 5541 and 5601 of this title and § 8393 of Title 11, to which state appropriations and other employer contributions shall be deposited, and to which earnings on investments, refunds and reimbursements shall be deposited upon receipt, and from which the State's premiums as defined in § 5202(b) of this title shall be paid, and any fees and expenses authorized by the Board shall be paid. No money shall be disbursed from this fund except for the purpose of payment of the State's premiums for post-retirement health insurance for employees retired under Chapters 55 and 56 of this title and Chapter 83 of Title 11.
(b) The amounts remaining in the trust, if any, after all premiums, fees, and expenses have been paid for any year shall be retained in such trust for future payments until all state liabilities for post-retirement health insurance premium benefits have been satisfied.
(c) This chapter is replacing § 5550 of this title in its entirety.
(d) The trust shall be an irrevocable trust exempt from federal income tax under § 115 of the Internal Revenue Code [26 U.S.C. § 115] and subject to the financial reporting, disclosure and actuarial requirements of Government Accounting Standards Board Statements 43 and 45 or any subsequent Government Accounting Standards Board updates or statements that may be applicable.
76 Del. Laws, c. 70, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 52B. OTHER POST-EMPLOYMENT BENEFITS FUND › § 5282. Management of the OPEB Fund.

§ 5282. Management of the OPEB Fund.
(a) The Board shall serve as the Board of Trustees for the OPEB Fund, shall adopt a trust agreement for the OPEB Fund (and may amend the trust agreement from time to time), shall take all actions necessary and appropriate to establish and maintain the OPEB Fund, and shall have control and management of the OPEB Fund and may utilize its powers pursuant to this chapter and § 8308 of this title in the administration of the OPEB Fund.
(b) The Board shall take the actions necessary and appropriate to establish and maintain the OPEB Fund as a trust that is exempt from taxation under Internal Revenue Code § 115 [26 U.S.C. § 115]. The trust shall be maintained and administered by the Board to provide payments for retiree health insurance for medical care in compliance with Internal Revenue Code § 105 [26 U.S.C. § 105] and with this chapter.
(c) The State shall indemnify a board member in the additional duties contained in this chapter pertaining to the administration and management of the OPEB Fund or to sit on a committee of the Board who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative by reason of the fact that the board member is or was a board member against expenses (including attorneys' fees if the Attorney General determines that the Attorney General may not provide representation), judgments, fines and amounts paid in settlement actually and reasonably incurred by that board member in connection with such action, suit or proceeding, if the board member acted in good faith and in a manner the board member reasonably believed to be in the best interest of the State and with respect to any criminal action or proceeding had no reasonable cause to believe that board member's own conduct was unlawful. Expenses incurred in defending a civil, administrative or investigative action, suit or proceeding shall be paid by the State in advance of final disposition of such action, suit or proceeding if:
(1) Initially authorized by a majority vote of the Board exclusive of the member or members to be indemnified unless more than a majority of the Board shall also be parties to the same action, suit or proceeding, in which instance, such authorization shall be by the Governor of the State; and
(2) Such board member agrees to repay such amount if it is ultimately determined by the Board or the Governor, as the case may be, pursuant to paragraph (c)(1) of this section that such member is not entitled to indemnification under this section.
76 Del. Laws, c. 70, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 52B. OTHER POST-EMPLOYMENT BENEFITS FUND › § 5283. Actuarial valuations.

§ 5283. Actuarial valuations.
(a) The actuary shall prepare an actuarial valuation of the assets and liabilities of the OPEB Fund as of June 30, each year. On the basis of reasonable actuarial assumptions and tables approved by the Board, the actuary shall determine:
(1) The State's annual required contribution for payment of the State's premiums for post retirement health insurance for employees under Chapters 55 and 56 of this title and Chapter 83 of Title 11;
(2) Any unfunded actuarial accrued liability.
(b) It is not anticipated that distributions will be made from this fund until the State's annual required contribution, as determined in subsection (a) of this section, has been appropriated in a given fiscal year.
76 Del. Laws, c. 70, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 52C. SUPPLEMENTAL INSURANCE PROGRAM › § 5290. Definitions.

§ 5290. Definitions.
As used in this chapter:
(1) “Carrier” means the supplemental income benefits carrier selected pursuant to § 5292 of this title.
(2) “Claims loss ratio” means claims payable as a percentage of premium income, or ratio of incurred losses and loss adjustment expenses to net premiums earned.
(3) “Committee” means the State Employee Benefits Committee as established by § 9602 of this title.
(4) “Employee” means an eligible “employee” as defined in §§ 5501 and 5201 of this title who elects to participate in the supplemental insurance program as specified in § 5293 of this title.
(5) “Income indemnity” means restoration to the participating employee of a loss by payment.
(6) “Premium” means the price of insurance protection for a specified risk for a specified period of time.
(7) “Supplemental insurance program” means voluntary insurance benefits designed to supplement existing major medical coverage where the payments are predetermined and paid regardless of other available coverage.
79 Del. Laws, c. 391, §  1;  81 Del. Laws, c. 323, § 3;  84 Del. Laws, c. 233, § 58;
2023 Delaware Code › Title 29 - State Government › Chapter 52C. SUPPLEMENTAL INSURANCE PROGRAM › § 5292. Selection of the supplemental income benefits carrier.

§ 5292. Selection of the supplemental income benefits carrier.
The carrier shall be licensed in Delaware, selected by a proper vote of the Committee, and have adequate servicing facilities to carry out the terms of the contract as awarded by the Committee. The selected carrier shall maintain a claims loss ratio of not less than 60%.
79 Del. Laws, c. 391, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 52C. SUPPLEMENTAL INSURANCE PROGRAM › § 5293. Supplemental insurance program and design.

§ 5293. Supplemental insurance program and design.
(a) The type of offered insurance shall be supplemental individual health insurance that is guaranteed renewable. This elective supplemental insurance program will entitle participating employees to receive income indemnity. Accident, cancer, and critical care and recovery, are to be required benefits of the offered supplemental policies. The Committee will determine whether premiums are to be deducted pretax or after-tax. The group monthly electronic invoice file with payment deduction details, associated reconciliation of premiums paid, and claims administration and payment due will be administered by the carrier and at their expense. The open enrollment for supplemental benefits policies will coincide with the open enrollment for state employee benefits beginning in 2015.
(b) The Committee shall annually review the supplemental individual health insurance program participation. Should the Committee determine that the volume of employee participation demonstrates a lack of interest or desire in accessing this program, the Committee may on or after July 1, 2020, in its discretion vote to restructure, modify, or terminate the program.
79 Del. Laws, c. 391, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 53. EARLY RETIREMENT OPTION FOR STATE EMPLOYEES › Subchapter I. General Provisions › § 5302. Definitions.

§ 5302. Definitions.
(a) “Credited service” shall mean, for any individual, service as defined in § 5501(e) of this title, except that the provisions contained in §  5501(e)(5), (8)-(11) of this title, requiring that the payment for service purchased under these subsections be made prior to the issuance of his or her pension check, may be waived by the State Pension Administrator for any individual for a period not to exceed 2 months if such waiver is deemed by the Pension Administrator to be necessary to carry out the provisions of this chapter. This subsection shall be in effect retroactively as of February 1, 1991.
(b) “Employee” shall mean an individual who meets the definition of an employee as defined in §  5501(f) of this title which is in effect on February 1, 1991.
(c) For the purposes of this chapter, those individuals who must terminate employment on May 31, 1991, in accordance with § 5301(d)(2) of this title, will receive credited service for the month of June 1991 in determining their eligibility for the early retirement option provided by this chapter but that service will not be used in determining the amount of their pension benefits.
(d) The definitions contained in § 5501 (a)-(c), (f)-(i) of this title, which are in effect on February 1, 1991, shall apply to this chapter.
68 Del. Laws, c. 8, §  1;  68 Del. Laws, c. 290, §§  58, 59;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 174, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 53. EARLY RETIREMENT OPTION FOR STATE EMPLOYEES › Subchapter I. General Provisions › § 5303. Employment of pensioners.

§ 5303. Employment of pensioners.
(a) (1) An individual shall not receive a service or disability pension under this chapter for any month during which such individual is an employee as defined in § 5302(b) of this title, nor may an individual receiving a service pension under this chapter be an employee as defined in §  5302(b) of this title for a period of 5 years from the date of retirement under this chapter, unless such individual is:
a. An official elected by popular vote at a regular state election;
b. An official appointed by the Governor; or
c. A temporary, casual, seasonal or substitute employee as defined by the Board of Pension Trustees.
(2) An individual who has retired under this chapter or Chapter 55 of this title and who has been rehired by the Pension Office to work on the implementation of the Early Retirement Program shall not be subject to the earnings limitation as contained in paragraph (a)(1)c. of this section or § 5502(a)(3) of this title until December 31, 1992.
(b) An individual who has retired under this chapter shall not contract with the State for personal services, as an independent contractor, for a period of 5 years from the effective date of retirement, unless such individual qualifies for 1 of the exceptions contained in paragraphs (a)(1) and (a)(2) of this section.
68 Del. Laws, c. 8, §  1;  68 Del. Laws, c. 431, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 119, §  2;  73 Del. Laws, c. 430, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 53. EARLY RETIREMENT OPTION FOR STATE EMPLOYEES › Subchapter I. General Provisions › § 5304. Attachment and assignment of benefits.

§ 5304. 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.
68 Del. Laws, c. 8, §  1;  71 Del. Laws, c. 337, §  4;
2023 Delaware Code › Title 29 - State Government › Chapter 53. EARLY RETIREMENT OPTION FOR STATE EMPLOYEES › Subchapter I. General Provisions › § 5305. University of Delaware.

§ 5305. University of Delaware.
For persons employed by the University of Delaware, the provisions contained in §  5505 of this title, which are in effect on February 1, 1991, shall apply to this chapter.
68 Del. Laws, c. 8, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 53. EARLY RETIREMENT OPTION FOR STATE EMPLOYEES › Subchapter II. Eligibility Provisions › § 5306. Eligibility for service pension.

§ 5306. Eligibility for service pension.
In addition to the provisions of subchapter I of this chapter, an employee shall be eligible for the early retirement option provided by this chapter beginning with the month after the employee has terminated employment, if:
(1) The employee has 15 years of credited service under this chapter as of June 30, 1991, exclusive of service credited under § 5501(e)(4), (5) and (12) of this title, and shall have attained age 50 on or before June 30, 1991; or
(2) The employee has 25 years of credited service under this chapter as of June 30, 1991, exclusive of service credited under § 5501(e)(4), (5) and (12) of this title, regardless of age.
68 Del. Laws, c. 8, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 174, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 53. EARLY RETIREMENT OPTION FOR STATE EMPLOYEES › Subchapter II. Eligibility Provisions › § 5307. Eligibility for disability pension.

§ 5307. Eligibility for disability pension.
In addition to the provisions of subchapter I of this chapter, an employee shall be eligible for the early retirement option provided by this chapter beginning with the month after the employee has terminated employment, if:
(1) The employee has 15 years of credited service under this chapter as of June 30, 1991, exclusive of service credited under § 5501(e)(4), (5) and (12) of this title, and shall have attained age 50 on or before June 30, 1991; or
(2) The employee has 25 years of credited service under this chapter as of June 30, 1991, exclusive of service credited under § 5501(e)(4), (5) and (12) of this title, regardless of age.
(3) In addition to meeting the credited service and age requirements contained in paragraphs (1) and (2) of this section, an employee must meet the requirements for a disability pension contained in § 5524 of this title, and the employee's termination from employment shall be governed by § 5524(b) of this title.
68 Del. Laws, c. 8, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 174, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 53. EARLY RETIREMENT OPTION FOR STATE EMPLOYEES › Subchapter II. Eligibility Provisions › § 5308. Payment of service pension.

§ 5308. Payment of service pension.
Service pension payments shall be made to a retired employee for each month beginning with the month in which the retired employee becomes eligible to receive such pension and ending with the month in which the retired employee dies.
68 Del. Laws, c. 8, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 53. EARLY RETIREMENT OPTION FOR STATE EMPLOYEES › Subchapter II. Eligibility Provisions › § 5309. Payment of disability pension.

§ 5309. Payment of disability pension.
(a) Disability pension payments shall be made to a retired employee for each month beginning with the month in which the retired employee becomes eligible to receive such pension and ending with the month in which the retired employee ceases to be eligible or dies.
(b) Any disability pensioner who has not attained age 60 shall report to the Board by April 30 each year, in a form prescribed by the Board, the pensioner's total earnings from any gainful occupation or business in the preceding calendar year. One twelfth of the excess of such earnings over 1/2 of the annual rate of compensation received by the pensioner before he or she became disabled shall be deducted from the pensioner's disability pension during each of the 12 months beginning in July of the year following the calendar year for which earnings are reported. If any person 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) Termination of a disability pension on account of recovery from disability shall not prejudice the right of the pensioner to qualify subsequently for a service pension or another disability pension.
68 Del. Laws, c. 8, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 53. EARLY RETIREMENT OPTION FOR STATE EMPLOYEES › Subchapter II. Eligibility Provisions › § 5310. Amount of service or disability pension.

§ 5310. Amount of service or disability pension.
(a) The amount of the monthly service or disability pension payable to a former employee shall be computed in accordance with the provisions of § 5527(a)-(f) of this title except that 5 years shall be added to the former employee's credited service for purposes of calculating the amount of the monthly pension.
(b) The amount of monthly pension payable to a former employee for the first 3 months of retirement shall be double the amount calculated in subsection (a) of this section, but in no case shall such amount exceed 100% of the former employee's final compensation in the last month of actual employment. Thereafter, the monthly pension payable shall be the amount calculated pursuant to subsection (a) of this section.
(c) Individuals eligible for the early retirement option and whose pensions are effective prior to the dates specified in § 5301(d) of this title shall have their pensions computed in accordance with the provisions of § 5527(a)-(f) of this title without taking into consideration subsections (a) and (b) of this section until such time as they would have terminated in accordance with § 5301(d) of this title. Then, beginning with the month that their pensions would have been effective had they terminated in accordance with § 5301(d) of this title, their pensions shall be adjusted in accordance with subsections (a) and (b) of this section.
68 Del. Laws, c. 8, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 53. EARLY RETIREMENT OPTION FOR STATE EMPLOYEES › Subchapter II. Eligibility Provisions › § 5311. Survivor's pension.

§ 5311. Survivor's pension.
For persons eligible for a survivor's pension, the provisions contained in § 5528 of this title, which are in effect on February 1, 1991, shall apply to this chapter, except that an individual who has elected the early retirement option and whose death occurs prior to the date specified in §  5301(d) of this title, shall have his or her pension computed in accordance with the provisions of § 5310(c) of this title, and the eligible survivor or survivors shall receive a survivor's pension equal to 3/4 of the service pension for which the employee would have been eligible.
68 Del. Laws, c. 8, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 53. EARLY RETIREMENT OPTION FOR STATE EMPLOYEES › Subchapter II. Eligibility Provisions › § 5312. Application for benefits.

§ 5312. Application for benefits.
The Board may require any employee, former employee 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 employee, former employee or eligible survivor does not cooperate in the furnishing or procuring thereof.
68 Del. Laws, c. 8, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 53. EARLY RETIREMENT OPTION FOR STATE EMPLOYEES › Subchapter II. Eligibility Provisions › § 5313. Adjustment of benefits.

§ 5313. Adjustment of benefits.
Any pension that has been determined to have been incorrectly calculated after an individual begins receiving such pension shall be adjusted as follows:
(1) If an individual's pension is determined to be less than he or she is entitled to receive, it will be adjusted retroactively to the effective date of the pension.
(2) If an individual's pension is determined to be more than he or she is entitled to receive, it will be adjusted prospectively only.
(3) In no case shall a pension awarded under this chapter which has been in effect for 1 year be subject to reduction.
68 Del. Laws, c. 8, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 53. EARLY RETIREMENT OPTION FOR STATE EMPLOYEES › Subchapter II. Eligibility Provisions › § 5314. Board of Pension Trustees.

§ 5314. Board of Pension Trustees.
The Board of Pension Trustees, established by §  8308 of this title, shall be responsible for the general administration of this chapter in accordance with Chapter 83 of this title.
68 Del. Laws, c. 8, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 53. EARLY RETIREMENT OPTION FOR STATE EMPLOYEES › Subchapter II. Eligibility Provisions › § 5315. Actuarial valuations and appropriations.

§ 5315. Actuarial valuations and appropriations.
(a) The state appropriations to fund the benefits provided by this chapter shall be deposited monthly into the State Employees' Retirement Fund established by §  5541 of this title.
(b) The State's appropriation to the Fund for the Fiscal Year 1991-92, and for each fiscal year thereafter, shall be the percentage of covered payroll approved by the Board on the basis of the actuarial valuation as of June 30, 1991, and shall be the payment required to amortize the added unfunded accrued liability over 24 years from July 1, 1991. The amortization payment shall be an amount computed as a level percentage of the prospective total covered payroll to be determined on the basis of a growth rate of 4% per year, compounded annually.
68 Del. Laws, c. 8, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 53. EARLY RETIREMENT OPTION FOR STATE EMPLOYEES › Subchapter II. Eligibility Provisions › § 5316. Group life insurance.

§ 5316. Group life insurance.
(a) Upon the death of an individual receiving a pension under this chapter a benefit will be provided in the same manner as benefits provided under § 5546 of this title 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.
(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.
68 Del. Laws, c. 8, §  1;  68 Del. Laws, c. 290, §  60;  69 Del. Laws, c. 451, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 169, §  1;  73 Del. Laws, c. 146, §  4;
2023 Delaware Code › Title 29 - State Government › Chapter 54. UNIFORM FACSIMILE SIGNATURES OF PUBLIC OFFICIALS ACT › § 5401. Definitions.

§ 5401. Definitions.
As used in this chapter:
(1) “Authorized officer” means any official of this State or any of its departments, agencies or other instrumentalities or any of its political subdivisions whose signature to a public security or instrument of payment is required or permitted.
(2) “Facsimile signature” means a reproduction by engraving, imprinting, stamping or other means of the manual signature of an authorized officer.
(3) “Instrument of payment” means a check, draft, warrant or order for the payment, delivery or transfer of funds.
(4) “Public security” means a bond, note, certificate of indebtedness or other obligation for the payment of money issued by this State or by any of its departments, agencies or other instrumentalities or by any of its political subdivisions.
29 Del. C. 1953, §  5801;  58 Del. Laws, c. 57.;
2023 Delaware Code › Title 29 - State Government › Chapter 54. UNIFORM FACSIMILE SIGNATURES OF PUBLIC OFFICIALS ACT › § 5402. Facsimile signature.

§ 5402. Facsimile signature.
(a) Any authorized officer, after filing with the Secretary of State a manual signature certified by the authorized officer under oath, may execute or cause to be executed with a facsimile signature in lieu of a manual signature:
(1) Any public security, provided that at least 1 signature required or permitted to be placed thereon shall be manually subscribed; and
(2) Any instrument of payment.
(b) Upon compliance with this chapter by the authorized officer, a facsimile signature has the same legal effect as a manual signature.
29 Del. C. 1953, §  5802;  58 Del. Laws, c. 57;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 54. UNIFORM FACSIMILE SIGNATURES OF PUBLIC OFFICIALS ACT › § 5403. Use of facsimile seal.

§ 5403. Use of facsimile seal.
When the seal of this State or any of its departments, agencies or other instrumentalities or of any of its political subdivisions is required in the execution of a public security or instrument of payment, the authorized officer may cause the seal to be printed, engraved, stamped or otherwise placed in facsimile thereon. The facsimile seal has the same legal effect as the impression of the seal.
29 Del. C. 1953, §  5803;  58 Del. Laws, c. 57.;
2023 Delaware Code › Title 29 - State Government › Chapter 54. UNIFORM FACSIMILE SIGNATURES OF PUBLIC OFFICIALS ACT › § 5404. Violation and penalty.

§ 5404. Violation and penalty.
Any person who with intent to defraud uses on a public security or an instrument of payment:
(1) A facsimile signature, or any reproduction of it, of any authorized officer; or
(2) Any facsimile seal, or any reproduction of it, of this State or any of its departments, agencies or other instrumentalities or of any of its political subdivisions
is guilty of a felony and shall suffer such criminal sanctions and penalties as are appropriate in this State for conviction of the crime of forgery.
29 Del. C. 1953, §  5804;  58 Del. Laws, c. 57.;
2023 Delaware Code › Title 29 - State Government › Chapter 54. UNIFORM FACSIMILE SIGNATURES OF PUBLIC OFFICIALS ACT › § 5405. Uniformity of interpretation.

§ 5405. Uniformity of interpretation.
This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
29 Del. C. 1953, §  5805;  58 Del. Laws, c. 57.;
2023 Delaware Code › Title 29 - State Government › Chapter 54. UNIFORM FACSIMILE SIGNATURES OF PUBLIC OFFICIALS ACT › § 5406. Short title.

§ 5406. Short title.
This chapter may be cited as the “Uniform Facsimile Signature of Public Officials Act.”
29 Del. C. 1953, §  5806;  58 Del. Laws, c. 57.;
2023 Delaware Code › Title 29 - State Government › Chapter 55. State Employees’ Pension Plan › Subchapter I. General Provisions › § 5502. Employment of pensioners.

§ 5502. Employment of pensioners.
(a) An individual shall not receive a service or disability pension under this chapter for any month during which the individual is an employee unless the individual is:
(1) An official elected by popular vote at a regular state election;
(2) An official appointed by the Governor;
(3) A temporary, casual, seasonal or substitute employee as defined by the Board of Pension Trustees;
(4) A substitute teacher employed by a school district in the State;
(5) A temporary justice of the peace appointed pursuant to § 9211 of Title 10; or
(6) A per diem employee of the General Assembly.
(b) Nothing in this section shall prevent the State from employing an individual receiving a pension under this chapter as a registration or election official or as a juror. An individual so employed may receive the compensation provided by law without deduction from the individual's pension.
(c) Nothing in this section shall prevent an employee 55 years of age or older from receiving an elected official service or disability pension.
(d) Any employment under paragraph (a)(2), (a)(3) or (a)(4) of this section requires the individual to have a 6-month separation of service from that individual's effective date of retirement if the individual is under age 65. Earnings from employment under paragraph (a)(3) or (a)(4) of this section will be subject to an annual earnings limit of $50,000, beginning in calendar year 2023. If an individual does exceed the allowable earned income the individual's state pension benefit from this chapter shall be reduced, with a $1.00 deduction for every $2.00 earned over the annual earnings limit. The deduction will begin in July of the year following the calendar year for which the earnings are reported, in a manner as determined by the Board.
(e) Any individual who contracts with an employer participating in the plan or represents any private enterprise that has a contract with an employer participating in the plan must have a 6-month separation of service from such individual's effective date of retirement if the individual is under age 65. The employer shall report to the Board, in a form prescribed by the Board, a certification of the worker's status for the individual. The certification will be used for a determination of the individual meeting the definition of employee under this chapter.
29 Del. C. 1953, §  5502;  57 Del. Laws, c. 592, §  1;  57 Del. Laws, c. 741, §  38A;  60 Del. Laws, c. 483, §  13;  62 Del. Laws, c. 70, §  1;  63 Del. Laws, c. 423, §  1;  65 Del. Laws, c. 80, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 119, §  1;  73 Del. Laws, c. 18, §  2;  73 Del. Laws, c. 79, §  2;  73 Del. Laws, c. 198, §  1;  73 Del. Laws, c. 430, §  2;  78 Del. Laws, c. 290, §  28;  79 Del. Laws, c. 78, §§  28, 29;  79 Del. Laws, c. 245, §  1;  81 Del. Laws, c. 79, §  43;  83 Del. Laws, c. 349, § 1;  84 Del. Laws, c. 42, § 1;  84 Del. Laws, c. 54, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 55. State Employees’ Pension Plan › Subchapter I. General Provisions › § 5503. Attachment and assignment of benefits.

§ 5503. Attachment and assignment of benefits.
Except for orders of the Delaware Family Court for a sum certain payable on a periodic basis or for benefits payable under § 5546 of this title, 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.
29 Del. C. 1953, §  5503;  57 Del. Laws, c. 592, §  1;  57 Del. Laws, c. 741, §  38A;  68 Del. Laws, c. 176, §  1;  78 Del. Laws, c. 115, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 55. State Employees’ Pension Plan › Subchapter I. General Provisions › § 5504. Waiver of benefits.

§ 5504. Waiver of benefits.
Any individual entitled to any benefits under this chapter may decline to accept all or any part of such benefits by a waiver signed and filed with the Board. Such waiver may be revoked in writing at any time, but no payment of the benefits waived shall be made covering the period during which such waiver was in effect.
29 Del. C. 1953, §  5504;  57 Del. Laws, c. 592, §  1;  57 Del. Laws, c. 741, §  38A;
2023 Delaware Code › Title 29 - State Government › Chapter 55. State Employees’ Pension Plan › Subchapter II. Eligibility Requirements and Benefits › § 5519. Disability insurance option.

§ 5519. Disability insurance option.
(a) An employee who, as of January 1, 2006, has fewer than 5 years of credited service, will be ineligible for disability pension coverage under § 5524 of this title and shall be covered under the Disability Insurance Program under Chapter 52A of this title.
(b) An employee who, as of January 1, 2006, has 5 or more years of credited service may elect either:
(1) To continue coverage under the disability pension provisions of § 5524 of this title; or,
(2) To elect coverage under the Disability Insurance Program provided in Chapter 52A of this title.
This election must be made in a form approved by the Board, and filed prior to December 15, 2005, in the State Pension Office, and shall be effective January 1, 2006. All elections made pursuant to this subsection shall be irrevocable. Members of the Delaware National Guard or members of the U.S. Armed Forces Reserves who are serving on active duty during the period of election required pursuant to this subsection shall elect a coverage option within 45 days of discharge from active duty.
(c) If it is determined by the State Pension Administrator that an employee is or was unable to make this election in a timely manner due to circumstances beyond the employee's control, the Administrator, in the Administrator's sole and absolute discretion, may extend the time period for making the election beyond the periods specified in this section.
(d) An employee who elected disability pension coverage pursuant to subsection (b) of this section, may elect to either:
continue coverage under the disability pension provisions under § 5524 of this title; or elect to be covered under the Disability Insurance Program under Chapter 52A of this title. This election must be made in a form approved by the Committee, filed prior to December 15, 2006, to be effective January 1, 2007, and shall be irrevocable; however, if the date of disability is prior to January 1, 2007, coverage in the Disability Insurance Program will commence on the first day the employee returns to work after January 1, 2007. The employee will be required to submit evidence of insurability satisfactory to the carrier. All members of the Delaware National Guard or members of the U.S. Armed Forces Reserves who have been called to active duty must make their election within 45 days of the date they are no longer on active duty.
75 Del. Laws, c. 191, §  2;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 227, §  6;  75 Del. Laws, c. 351, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 55. State Employees’ Pension Plan › Subchapter II. Eligibility Requirements and Benefits › § 5520. Retirement option.

§ 5520. Retirement option.
When an employee applies for a pension, he or she shall choose either a unified pension or an ordinary pension.
67 Del. Laws, c. 86, §  5;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 55. State Employees’ Pension Plan › Subchapter II. Eligibility Requirements and Benefits › § 5521. Amount of unified service, disability or survivor pension.

§ 5521. 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 this chapter exclusive of service credited under § 5501(e)(14) of this title; plus
(2) The sum of the amounts computed, based on credited service as an employee, according to subchapter II of Chapter 55A of this title; subchapter III of Chapter 83 of Title 11; and Chapter 88 of Title 11; and, the amount computed based on credited service as a member, according to Chapter 56 of this title.
67 Del. Laws, c. 86, §  5;  71 Del. Laws, c. 365, §  3;  79 Del. Laws, c. 174, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 55. State Employees’ Pension Plan › Subchapter II. Eligibility Requirements and Benefits › § 5523. Vested right to service pension.

§ 5523. Vested right to service pension.
(a) An employee who is not a post-2011 employee and who has 5 years of credited service exclusive of service under § 5501(e)(4), (5) and (12) of this title shall have a vested right to a pension. A post-2011 employee who has 10 years of credited service exclusive of service under § 5501(d)(12) of this title shall have a vested right to a pension.
(b) A former employee's vested right shall be forfeited upon an application for a refund of the former employee's accumulated contributions.
29 Del. C. 1953, §  5523;  57 Del. Laws, c. 592, §  1;  60 Del. Laws, c. 483, §  17;  63 Del. Laws, c. 423, §  3;  66 Del. Laws, c. 370, §  2;  67 Del. Laws, c. 124, §  4;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 524, §  8;  78 Del. Laws, c. 14, §  12;  79 Del. Laws, c. 174, §  1;