reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 87. CRIMINAL JUSTICE COUNCIL › § 8702. Meetings; quorum; committees; procedure.

§ 8702. Meetings; quorum; committees; procedure.
(a) The Council shall meet at least 8 times per year. At least 1 meeting each calendar year shall be held in each county. Ten members shall constitute a quorum.
(b) The Council may establish committees as it deems advisable, but only the Council itself may set policy or take other official action.
(c) The Council may promulgate rules of procedure governing its operations, provided that they are in accordance with Chapters 100 and 101 of Title 29, and provided that no rule shall permit proxy voting at more than 2 meetings per calendar year.
61 Del. Laws, c. 495, §  2;  63 Del. Laws, c. 170, §§  2, 3;  64 Del. Laws, c. 407, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 87. CRIMINAL JUSTICE COUNCIL › § 8703. Officers.

§ 8703. Officers.
(a) In December of each year, the Council shall elect a Chairperson and a Vice-Chairperson who shall serve terms of office coinciding with the following calendar year. Officers may be reelected.
(b) If the Chairperson resigns or ceases to be a member of the Council, the Vice-Chairperson shall become the Chairperson and there shall be an election to fill the unexpired term of the Vice-Chairperson at the next Council meeting.
(c) If the Vice-Chairperson resigns or ceases to be a member of the Council, there shall be an election to fill the unexpired term of the Vice-Chairperson at the next Council meeting.
(d) It shall be the duty of the Chairperson to convene and preside over meetings of the Council and prepare an agenda for meetings, except for the initial meeting of the Council, which shall be convened and presided over by the Chief Justice of the Supreme Court.
(e) It shall be the duty of the Vice-Chairperson to act as Chairperson in the absence of the Chairperson.
64 Del. Laws, c. 407, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 87. CRIMINAL JUSTICE COUNCIL › § 8705. Officials to furnish information.

§ 8705. Officials to furnish information.
It shall be the duty of all officials of the State or any political subdivision thereof to furnish any information and compile any report which may be requested by the Council.
64 Del. Laws, c. 407, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 87. CRIMINAL JUSTICE COUNCIL › § 8706. Criminal justice agencies and courts to provide assistance.

§ 8706. Criminal justice agencies and courts to provide assistance.
It shall be the duty of all criminal justice agencies and courts of the State or any political subdivision thereof to provide such staff or other assistance as may reasonably be requested by the Council to carry out its functions under this chapter.
64 Del. Laws, c. 407, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 87. CRIMINAL JUSTICE COUNCIL › § 8707. Annual report; quarterly reports.

§ 8707. Annual report; quarterly reports.
(a) The Council shall compile the recommendations made pursuant to § 8704(4) of this title and such other information as it deems appropriate into an annual report, which shall be made available to the Governor, the criminal justice agencies and courts of the State and political subdivisions thereof, and upon request to members of the General Assembly and the public.
(b) The Council shall compile a record of all funding distributions made by the Council during each fiscal quarter into a quarterly report which shall be made available to the General Assembly at the close of the quarter.
61 Del. Laws, c. 495, §  2;  64 Del. Laws, c. 407, §  2;  75 Del. Laws, c. 193, §§  2, 3;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 87. CRIMINAL JUSTICE COUNCIL › § 8708. Public hearings.

§ 8708. Public hearings.
The Council shall hold public hearings annually in each county for the purpose of carrying out its duties under § 8704(1), (2) and (4) of this title.
64 Del. Laws, c. 407, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 87. CRIMINAL JUSTICE COUNCIL › § 8709. Executive Director; staff.

§ 8709. Executive Director; staff.
The Executive Director of the Criminal Justice Council shall be appointed by and serve at the pleasure of a majority of the members of the Council. The Executive Director shall act as secretary to the Council. The Executive Director shall be paid such compensation as shall be determined by the General Assembly. The Executive Director may employ such personnel as are necessary to carry out the functions of this chapter, subject to the approval of the Council and within the limits of any appropriation made by the General Assembly.
61 Del. Laws, c. 495, §  2;  63 Del. Laws, c. 170, §  1;  63 Del. Laws, c. 191, §  4;  64 Del. Laws, c. 407, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 88. DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN › § 8802. Employment of pensioners.

§ 8802. Employment of pensioners.
An individual shall not receive a service or disability pension under this chapter for any month during which the individual is an employee as defined in § 8801 of this title, unless:
(1) The individual is a police officer who has retired from 1 county or municipal employer and has been appointed by the executive branch and confirmed by the legislative branch of a different county or municipal employer participating in the County Municipal Police/Firefighter Pension Plan; or
(2) The individual is a temporary employee whose earnings from such employment do not exceed the maximum allowed by Social Security without affecting Social Security benefits; and
(3) The individual's employment under paragraphs (1) and (2) of this section is not pension creditable service time and may not be used to earn any retirement benefits in the Delaware County and Municipal Police/Firefighter Pension Plan.
64 Del. Laws, c. 445, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 407, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 88. DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN › § 8803. Garnishment and assignment of benefits prohibited.

§ 8803. Garnishment and assignment of benefits prohibited.
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.
64 Del. Laws, c. 445, §  1;  71 Del. Laws, c. 337, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 88. DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN › § 8804. Waiver of benefits.

§ 8804. 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.
64 Del. Laws, c. 445, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 88. DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN › § 8805. Optional participation of counties and municipalities.

§ 8805. Optional participation of counties and municipalities.
Any county or municipality may elect to participate in the County and Municipal Police/Firefighter Pension Plan beginning July 1 of any year on or after July 1, 1984. Application to participate shall be by resolution approved by the governing body of the county or municipality and shall be submitted to the Board in such form as the Board shall determine not later than 90 days prior to the date participation is to begin, except such time limit may be reduced by the Board. Any such application, upon approval by the Board, shall be irrevocable. Each participating county and municipality shall provide such information to the Board as it may require for the administration of this chapter.
64 Del. Laws, c. 445, §  1;  67 Del. Laws, c. 327, §  3;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 88. DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN › § 8806. Powers and duties of the Board.

§ 8806. Powers and duties of the Board.
The Board shall have the power and duty to appoint an Executive Secretary who shall be responsible for determining the eligibility for retirement pension benefits under this chapter.
82 Del. Laws, c. 87, § 5;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 88. DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN › § 8811. Mandatory retirement.

§ 8811. Mandatory retirement.
A member shall retire on the member's mandatory retirement date as established by the employer.
64 Del. Laws, c. 445, §  1;  75 Del. Laws, c. 133, §  8;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 88. DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN › § 8812. Retirement option.

§ 8812. Retirement option.
When the member applies for a pension, the member shall choose either a unified pension or an ordinary pension.
64 Del. Laws, c. 445, §  1;  67 Del. Laws, c. 86, §  10;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 88. DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN › § 8813. Eligibility for service pension.

§ 8813. Eligibility for service pension.
(a) A member shall become eligible to receive a service pension, after the member has terminated employment, beginning with the month when:
(1) The member has 5 years of credited service and has attained age 62; or
(2) The member's age plus credited service (but not less than 10 years) equals 75; or
(3) The member has 5 years of credited service, and has retired under the provisions of § 8811 of this title; or
(4) The member has 20 years of credited service.
(b) An inactive member with a vested right to a service pension shall become eligible to receive such pension, computed in accordance with the provisions of this chapter in effect when the member ceased to be an employee, beginning with the first month after attainment of age 62.
(c) For purposes of this section, credited service shall include any period during which a member is receiving a disability pension as provided by this chapter.
64 Del. Laws, c. 445, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 143, §  1;  75 Del. Laws, c. 133, §  9;  76 Del. Laws, c. 214, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 88. DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN › § 8814. Vesting rights; return to service.

§ 8814. Vesting rights; return to service.
(a) A member who has 5 years of credited service shall have a vested right to a service pension.
(b) If a member who has less than 5 years of credited service ceases to be an employee, the service credits to the date of termination shall be cancelled unless:
(1) The member again becomes an employee within 4 months after such cessation of employment; or
(2) The member subsequently acquires 5 years of credited service; or
(3) The member has joined a state pension plan which provides for a unified state service pension and subsequently acquires 5 years of credited service; and provided that, if the member has withdrawn that member's own contributions, the member repays them with interest at a rate determined by the Board.
(c) For purposes of this section, credited service shall include any period during which a member is receiving a disability pension as provided by this chapter.
(d) A former employee's vested right shall be forfeited upon application for a refund of accumulated contribution.
64 Del. Laws, c. 445, §  1;  67 Del. Laws, c. 86, §  11;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 133, §  7;  76 Del. Laws, c. 214, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 88. DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN › § 8815. Eligibility for disability pension.

§ 8815. Eligibility for disability pension.
(a) A member who suffers a partial or total disability resulting from an individual and specific act, the type of which would normally occur only while employed as a police officer/firefighter, shall be eligible for a duty-connected disability pension. If such act involves a traumatic event which directly causes an immediate cardiovascular condition which results in partial or total disability, the member shall be eligible for a partial or total duty-connected disability pension.
(b) A member with 5 years of credited service who suffers a partial or total disability and who is not eligible for a duty-connected disability pension shall be eligible for an ordinary partial or total disability pension.
(c) The determination of disability and its cause shall be made by the Board, or, if so delegated by the Board, by the Executive Secretary, after review of medical documentation submitted by the applicant, in the form required by the Board.
(d) For the purposes of this section, whether a member is employed as an on-duty police officer or on an authorized special duty function, the following duties shall be presumed to occur only while employed as a police officer without limiting the scope of acts embraced by subsection (a) of this section:
(1) Engaging in a high-speed chase;
(2) Effecting an arrest (criminal or traffic);
(3) Pursuing a suspect (criminal or traffic);
(4) Patrolling (criminal or traffic);
(5) Directing traffic or removing traffic hazards;
(6) Assisting a civilian, for example, a motorist alongside of the highway or rendering aid in a life-threatening situation (fire, drowning);
(7) In-service training other than physical fitness;
(8) Performing police functions at a crime scene or in connection with the investigation thereof; or
(9) Being assaulted whether by a suspect, detainee, arrestee, prisoner or mental patient.
64 Del. Laws, c. 445, §  1;  67 Del. Laws, c. 327, §  4;  70 Del. Laws, c. 389, §  1;  82 Del. Laws, c. 87, § 6;  83 Del. Laws, c. 286, § 2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 88. DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN › § 8816. Payment of service pension.

§ 8816. Payment of service pension.
Service pension payments shall be made to a retired member for each month beginning with the month in which the member becomes eligible to receive such pension and ending with the month in which the member dies.
64 Del. Laws, c. 445, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 88. DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN › § 8817. Payment of disability pension.

§ 8817. Payment of disability pension.
(a) Disability pension payments shall be made to a member for each month beginning with the month in which the member becomes eligible to receive such pension and ending with the month in which the member ceases to be eligible or dies.
(b) [Repealed.]
(c) If a member who is initially determined to be totally disabled recovers, yet is still partially disabled, the total disability pension shall be reduced to a partial disability pension for as long as the member shall remain partially disabled.
(d) If a member who is disabled recovers and is no longer totally or partially disabled, the disability pension shall be discontinued unless:
(1) The member has reached normal retirement date, or
(2) In the case of a duty-connected disability, the member is not offered employment by the council or municipality in a position for which the member is suited by training and experience.
(e) A member aggrieved by the reclassification or termination of disability pension pursuant to subsection (c) or (d) of this section may appeal such decision to the Superior Court within 30 days of the day the decision is mailed. The appeal shall be on the record, without a trial de novo. The Court may remand the case to the Board for further proceedings on the record if the Court determines that the record is insufficient for review. When factual determinations are at issue, the Court's review, in the absence of actual fraud, shall be limited to a determination of whether the Board's decision is supported by substantial evidence in the record.
64 Del. Laws, c. 445, §  1;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 286, § 2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 88. DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN › § 8818. Amount of ordinary service pension.

§ 8818. Amount of ordinary service pension.
The amount of the monthly ordinary service pension payable to a retired member shall be the sum of 2.5% of final average compensation multiplied by years of service up to 20 years inclusive, plus 3.5% of final average compensation multiplied by years of service above 20 years.
64 Del. Laws, c. 445, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 133, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 88. DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN › § 8819. Amount of unified service, disability or survivor pension.

§ 8819. 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 the following:
(1) The amount computed according to this chapter, exclusive of service credited under § 8801(6) of this title; plus
(2) The sum of the amounts computed, based on credited service as an employee, according to subchapter II of Chapter 55 of Title 29; subchapter II of Chapter 55A of Title 29; and subchapter III of Chapter 83 of this title.
64 Del. Laws, c. 445, §  1;  67 Del. Laws, c. 86, §  8;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 88. DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN › § 8820. Amount of duty-connected disability pension.

§ 8820. Amount of duty-connected disability pension.
(a) The duty-connected total disability pension shall by 75% of final average compensation plus 10% of final average compensation for each dependent during the period of dependency, not to exceed a total of 25% of final average compensation for all dependents.
(b) The duty-connected partial disability pension shall be computed in the same manner as the service pension based on credited service accrued to the date of disability, subject to a minimum of 50% of final average compensation.
(c) Medical costs made necessary by reason of duty-connected disability which are in excess of those amounts paid by any health care coverage or worker's compensation shall be paid by the Fund. Payments under this subsection will be paid upon the filing of a claim in a form prescribed by the Board.
64 Del. Laws, c. 445, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 133, §§  2, 3;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 88. DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN › § 8821. Amount of ordinary disability pension.

§ 8821. Amount of ordinary disability pension.
The ordinary disability pension shall be computed in the same manner as the service pension based on credited service accrued to the date of disability, subject to the following:
(1) In the case of total disability, the minimum pension shall be 50% of final coverage compensation plus 5% of final average compensation for each dependent during the period of dependency, not to exceed a total of 20% of final average compensation for all dependents; and
(2) In the case of partial disability, the minimum pension shall be 30% of final average compensation.
64 Del. Laws, c. 445, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 133, §  4;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 88. DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN › § 8821A. Amount of ordinary service or disability pensions [For application of this section, see 79 Del. Laws, c. 315, § 10].

§ 8821A. Amount of ordinary service or disability pensions [For application of this section, see 79 Del. Laws, c. 315, § 10].
(a) Notwithstanding provisions of this chapter to the contrary, an employee may elect to have his or her service or disability pension computed under this chapter reduced by 2% thereby providing a survivor's pension equal to 2/3 of such reduced amount to the employee's eligible survivor or survivors at the time of the employee's death. This election must be made in a form approved by the Board, filed prior to the issuance of the employee's first benefit check and shall be irrevocable.
(b) Notwithstanding provisions of this chapter to the contrary, an employee may elect to have his or her service or disability pension computed under this chapter reduced by 3% thereby providing a survivor's pension equal to 75% of such reduced amount to the employee's eligible survivor or survivors at the time of the employee's death. This election must be made in a form approved by the Board, filed prior to the issuance of the employee's first benefit check and shall be irrevocable.
(c) Notwithstanding provisions of this chapter to the contrary, a member may elect to have his or her service or disability pension computed under this chapter reduced by 6% thereby providing a survivor's pension equal to 100% of such reduced amount to the employee's eligible survivor or survivors at the time of the employee's death. This election must be made in a form approved by the Board, filed prior to the issuance of the employee's first benefit check and shall be irrevocable.
78 Del. Laws, c. 374, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 315, §  5;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 88. DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN › § 8822. Ordinary survivor's pension [For application of this section, see 79 Del. Laws, c. 315, § 10].

§ 8822. Ordinary survivor's pension [For application of this section, see 79 Del. Laws, c. 315, § 10].
(a) Upon the death of a member in service, a monthly survivor's pension shall be payable to his or her eligible survivor or survivors equal to 3/4 of the service pension the employee would have been eligible to receive had he or she elected the option provided under § 8821A(b) of this title.
(b) Upon the death of an employee in service, whose death occurred in the line of duty, a monthly survivor's pension shall be payable to the primary survivor equal to 3/4 of the member's compensation.
(c) Upon the death of an individual receiving a service or disability pension at the time of his or her death, a monthly survivor's pension shall be payable to the primary survivor and surviving dependents equal to the greater of:
(i) 50% of such service or disability pension; (ii) if such pension was computed under the provisions of § 8821A(a) of this title,2/3 of such service or disability pension; (iii) if such pension was computed under the provisions of § 8821A(b) of this title, 75% of such service or disability pension; or (iv) if such pension was computed under the provisions of § 8821A(c) of this title, 100% of such service or disability pension. If the primary survivor is the surviving spouse, such person must have been married to the deceased member:
(1) Prior to retirement; or
(2) For at least 1 year before the date of death, unless the death was the result of an accident.
(d) A survivor's pension shall begin with the month following the month in which the member or retired member dies. If payable to a surviving spouse who dies or marries, it shall become payable in the following month to the next primary survivor as defined in § 8801 of this title or cease with that month in the absence of the eligible dependents. If payable to a child who dies or fails to meet the conditions of eligibility in § 8801(4) of this title, it shall become payable in the following month to a dependent parent or cease with that month in the absence of eligible parents. If payable to a parent, it shall cease with the month in which the parent dies.
64 Del. Laws, c. 445, §  1;  67 Del. Laws, c. 86, §  16;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 374, §  2;  78 Del. Laws, c. 375, §  1;  79 Del. Laws, c. 315, §  6;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 88. DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN › § 8823. Death benefit.

§ 8823. Death benefit.
Upon the death of a member, inactive member, retired member or individual receiving a survivor's pension, there shall be paid to the designated beneficiary or beneficiaries or, in the absence of a designated beneficiary, to the estate of the member, inactive member, retired member or survivor, a lump sum equal to the excess, if any, of the accumulated member contributions with interest over the aggregate of all pension payments made.
64 Del. Laws, c. 445, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 88. DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN › § 8824. Withdrawal benefit.

§ 8824. Withdrawal benefit.
(a) The accumulated contributions with interest of a member who is neither eligible for a service nor disability pension, nor has a vested right to a service pension, shall be refunded upon withdrawal from service.
(b) If a member has a vested right to a service pension and withdraws from service and is not immediately eligible for a service or disability benefit, the member may request a refund of accumulated contributions with interest. Refund of such contributions shall extinguish all rights to benefits under this chapter.
64 Del. Laws, c. 445, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 88. DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN › § 8825. Adjustment of benefits.

§ 8825. Adjustment of benefits.
(a) A pension payable under this chapter shall be adjusted no less liberally than adjustments made for pensions payable under the State Employees' Pension Plan, taking into account adjustments to Social Security benefits payable to state employees.
(b) Any monthly service pension, disability pension or survivor pension based on a former service or disability pension which is payable on July 7, 2005, shall be increased effective July 1, 2005, by the amount of difference between the pensioner's computed benefit under this chapter of this title, as effective July 1, 2005, less the benefit previously awarded under this chapter of this title.
64 Del. Laws, c. 445, §  1;  75 Del. Laws, c. 133, §  6;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 88. DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN › § 8826. Application for benefits.

§ 8826. 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 the second month preceding the date on which the application for such benefit is filed.
(b) The Board may require any member, inactive member, retired 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. 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, inactive member, retired member or eligible survivor does not cooperate in the furnishing or procuring thereof.
(c) 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.
64 Del. Laws, c. 445, §  1;  77 Del. Laws, c. 408, §  4;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 88. DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN › § 8841. Member contributions.

§ 8841. Member contributions.
(a) Effective January 1, 2006, member contributions to the fund shall be 7% of monthly compensation.
(b) An employee can repay a withdrawal benefit using a rollover distribution from:
(1) A direct rollover of an eligible rollover distribution from:
a. A qualified plan described in § 401(a) of the United States Internal Revenue Code [26 U.S.C. § 401(a)];
b. An annuity contract described in § 403(b) of the United States Internal Revenue Code [26 U.S.C. § 403(b)]; or
c. An eligible plan under § 457(b) of the United States Internal Revenue Code [26 U.S.C. § 457(b)].
(2) A participant contribution of an eligible rollover distribution from:
a. A qualified plan described in § 401(a) of the United States Internal Revenue Code [26 U.S.C. § 401(a)];
b. An annuity contract described in § 403(b) of the United States Internal Revenue Code [26 U.S.C. § 403(b)]; or
c. An eligible plan under § 457(b) of the United States Internal Revenue Code [26 U.S.C. § 457(b)].
(3) A participant rollover contribution of the portion of a distribution from an individual retirement account or annuity described in § 408 of the United States Internal Revenue Code [26 U.S.C. § 408] that is eligible to be rolled over and would otherwise be includible in gross income.
64 Del. Laws, c. 445, §  1;  72 Del. Laws, c. 143, §  2;  73 Del. Laws, c. 419, §§  4, 5;  75 Del. Laws, c. 133, §  5;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 88. DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN › § 8842. Employer contributions.

§ 8842. Employer contributions.
The contribution of the county or municipality for each fiscal year shall be the percentage of covered payroll approved by the Board on the basis of the most recent actuarial valuation and shall equal:
(1) The normal cost; plus
(2) Adjustments for actuarial gains and losses or increases in benefits adopted on or subsequent to participation; plus
(3) Administrative costs.
64 Del. Laws, c. 445, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 88. DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN › § 8843. Fund established.

§ 8843. Fund established.
There shall be established a County and Municipal Police/Firefighter Retirement Fund, hereinafter referred to as the “Fund,” separate and distinct from the fund established under subchapters II and III of Chapter 83 of this title, to which county or municipal appropriations and other employer contributions shall be deposited monthly, and to which member contributions shall be deposited upon deduction from the member's paycheck, and to which earnings on investments, 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.
64 Del. Laws, c. 445, §  1;  67 Del. Laws, c. 327, §  5;  71 Del. Laws, c. 121, §  9;  76 Del. Laws, c. 279, §  11;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 88. DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN › § 8844. Employer pickup of member contributions.

§ 8844. Employer pickup of member 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 § 8841 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, §  6;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 88. DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN › § 8845. Payment of benefits.

§ 8845. 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 County and Municipal Police/Firefighter Retirement Fund shall be liable for any amount in excess of such sums.
71 Del. Laws, c. 132, §  88;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 88. DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN › § 8846. Burial benefits.

§ 8846. Burial benefits.
(a) After July 1, 2016, upon the death of a member under this chapter, a benefit will be paid in the same manner as benefits provided under § 5546 of Title 29.
(b) The benefit granted under this section shall not be construed as a contractual obligation of the State or of the Fund and may be revised or terminated by an act of the General Assembly.
81 Del. Laws, c. 397, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 89. STATISTICAL ANALYSIS CENTER › § 8901. Established; employees.

§ 8901. Established; employees.
(a) The Statistical Analysis Center is hereby located within the Criminal Justice Council. The Director of the Statistical Analysis Center shall be qualified by education or experience to carry out the mission of the Statistical Analysis Center and shall report to the Director of the Criminal Justice Council.
(b) The Director of the Statistical Analysis Center may employ such personnel as are necessary to carry out the functions of this chapter, subject to the approval of the Director of the Criminal Justice Council and within the limits of any appropriation made by the General Assembly. The staff of the Statistical Analysis Center is hereby placed under the authority of and is subject to the oversight and supervision of the Director of the Criminal Justice Council.
72 Del. Laws, c. 395, §  100;  75 Del. Laws, c. 88, §  21(6);  78 Del. Laws, c. 78, §  73;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 89. STATISTICAL ANALYSIS CENTER › § 8902. Mission.

§ 8902. Mission.
The Statistical Analysis Center shall provide the State with a professional capability for objective, interpretive analysis of data relating to crime and criminal justice issues in order to improve the effectiveness of policy-making, program development, planning and reporting.
72 Del. Laws, c. 395, §  100;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 89. STATISTICAL ANALYSIS CENTER › § 8903. General powers and duties.

§ 8903. General powers and duties.
In pursuit of its mission, the Statistical Analysis Center shall have the following powers, duties, and functions:
(1) Generate statistical and analytical products concerning crime and the criminal justice system in the State;
(2) Provide statistical and analytical services from available information upon request;
(3) Provide technical assistance in the identification of sources, collection, analysis, interpretation and dissemination of criminal justice statistics to state and local governmental agencies;
(4) Identify, collect, analyze and disseminate statistics regarding the resources expended on criminal justice in the State;
(5) Promote the orderly development of criminal justice information and statistical systems within the State;
(6) Maintain a state-level capability for providing state and local governments with access to federal resources in criminal justice statistical information in cooperation with the U.S. Department of Justice,
(7) Serve as the clearinghouse and point of contact for the U.S. Department of Justice and for state agencies, local government agencies, the courts, and appropriate nongovernmental organizations;
(8) Direct or participate in the research design for the analysis of crime or criminal justice issues for the State;
(9) Conduct research and provide analyses as required to determine the impact proposed policy changes may have on the criminal justice system; and
(10) Submit annually to the Governor, Chief Justice, President Pro Tem of the Senate, and the Speaker of the House a report examining 1-year, 2-year, and 3-year rates of re-arrest and recommitment of released offender cohorts.
72 Del. Laws, c. 395, §  100;  78 Del. Laws, c. 392, §  16;  83 Del. Laws, c. 233, § 3;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 89. STATISTICAL ANALYSIS CENTER › § 8904. Access to information and data.

§ 8904. Access to information and data.
The Statistical Analysis Center shall have full access to all information and data in any form, including computerized files and official records, to accomplish its research and analysis. All data referencing individuals shall be used only for research purposes and shall not in any way be shared or portrayed as to identify any individual so as to meet both state and federal security and privacy laws. It shall be the duty of all officials of the State or any political subdivision thereof to furnish any information and compile any report that may be requested by the Statistical Analysis Center.
72 Del. Laws, c. 395, §  100;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 89. STATISTICAL ANALYSIS CENTER › § 8905. Criminal justice agencies and courts to provide assistance.

§ 8905. Criminal justice agencies and courts to provide assistance.
It shall be the duty of all criminal justice agencies and courts of the State or any political subdivision thereof to provide such assistance as may reasonably be requested by the Statistical Analysis Center to carry out its mission under this chapter.
72 Del. Laws, c. 395, §  100;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 89B. CALL LOCATION INFORMATION › § 8901B. Definitions.

§ 8901B. Definitions.
As used in this chapter:
(1) “911 dispatcher” is as defined in § 10002 of Title 16.
(2) “Law-enforcement agency” means a government agency or any subunit thereof which performs the administration of criminal justice pursuant to state or federal law or executive order, and which allocates a substantial part of its annual budget to the administration of criminal justice. For the purposes of this subchapter, such agencies shall include, but are not limited to, the following:
a. The Delaware State Police;
b. All law-enforcement agencies and police departments of any political subdivision of this State;
c. The Department of Correction; and
d. The Department of Justice.
(3) “Provider” is as defined in § 10002 of Title 16.
(4) “Public safety answering point” is as defined in § 10002 of Title 16.
(5) “Wireless provider” is as defined in § 10002 of Title 16.
(6) “Wireless service” is as defined in § 10002 of Title 16.
(7) “Wireless service customer” is as defined in § 10002 of Title 16.
80 Del. Laws, c. 152, §  1;  84 Del. Laws, c. 231, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 89B. CALL LOCATION INFORMATION › § 8902B. Provision of call location information by wireless service provider to law enforcement.

§ 8902B. Provision of call location information by wireless service provider to law enforcement.
(a) Upon request of a law-enforcement agency or a public safety answering point on behalf of a law-enforcement agency, a wireless provider shall provide call location information concerning the telecommunications device of a wireless service customer to the requesting law-enforcement agency or public safety answering point. A law-enforcement agency or public safety answering point shall only request information under this chapter for the purposes of responding to a call for emergency services or in an emergency situation that involves the risk of death or serious physical harm.
(b) A wireless provider may establish protocols by which the carrier voluntarily discloses call location information.
(c) No cause of action shall lie in any court against a wireless provider, its directors, officers, employees, agents, or vendors for providing cell location tracking information to a law-enforcement agency or public safety answering point as required by this chapter.
(d) The Delaware State Police Headquarters Communications shall obtain contact information from all wireless providers authorized to do business in this State to facilitate a request from a law-enforcement agency or a public safety answering point on behalf of a law-enforcement agency for call location information under this section. The Delaware State Police Headquarters Communications shall disseminate the contact information to each public safety answering point in this State.
80 Del. Laws, c. 152, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 90. COMPENSATION FOR INNOCENT VICTIMS OF CRIME › § 9001. Declaration of purpose.

§ 9001. Declaration of purpose.
The General Assembly hereby declares that it serves a purpose, and is of benefit to the State, to indemnify those persons who are victims of crimes committed within the State or Delaware victims of terrorist acts, and it is therefore the declared purpose of this chapter to promote the public welfare by establishing a means of meeting the additional hardships imposed upon the innocent victims of certain crimes, and the families and dependents of those victims.
59 Del. Laws, c. 519, §  1;  60 Del. Laws, c. 436, §  1;  73 Del. Laws, c. 250, §  1;  77 Del. Laws, c. 193, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 90. COMPENSATION FOR INNOCENT VICTIMS OF CRIME › § 9003. Advisory Council.

§ 9003. Advisory Council.
(a) This hereby establishes within the Department of Justice, the Victims' Compensation Assistance Program Advisory Council, hereafter “the Council,” consisting of 11 members with at-large members appointed by the Governor. Membership of the Council is as follows:
(1) The Attorney General or the Attorney General's designee.
(2) The Chairperson of the Victim's Rights Task Force or the Chairperson's designee.
(3) The Chairperson of the Domestic Violence Task Force or the Chairperson's designee.
(4) [Repealed.]
(5) Seven at-large members with 1 member from the medical profession, 1 member from the mental health profession, 1 member who is a law-enforcement police-based advocate, and 1 member of the public each from the City of Wilmington, New Castle County, Kent County, and Sussex County.
(6) The Executive Director of the Delaware Alliance Against Sexual Violence or the Executive Director's designee.
(b) The term of Council members appointed by the Governor is 3 years and terminates on the Governor's appointment of a new member to the Council. A member shall continue to serve until that member's successor is duly appointed but a holdover under this provision does not affect the expiration date of a succeeding term.
(c) In case of a vacancy on the Council before the expiration of a member's term, a successor must be appointed by the Governor within 30 days of the vacancy for the remainder of the unexpired term.
(d) The Council shall elect 1 of its members as Chairperson to serve for a 1-year term and may be eligible for reelection.
(e) The Council shall meet at the call of the Chair but no fewer than 4 times a year.
59 Del. Laws, c. 519, §  1;  60 Del. Laws, c. 436, §  3;  61 Del. Laws, c. 409, §  68;  65 Del. Laws, c. 268, §  2;  66 Del. Laws, c. 85, §  49;  67 Del. Laws, c. 208, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 460, §  21;  77 Del. Laws, c. 193, §  1;  83 Del. Laws, c. 247, § 2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 90. COMPENSATION FOR INNOCENT VICTIMS OF CRIME › § 9004. Functions of the Council.

§ 9004. Functions of the Council.
The Council shall have the following functions, powers and duties:
(1) To review and comment on such rules and regulations as are proposed by the Agency.
(2) To serve in an advisory capacity to the Agency and Appeals Board.
(3) Recommend adoption, amendment, or rescission of rules, regulations and policies implementing this chapter.
(4) In its discretion, prepare an independent annual report describing the Council's activities.
59 Del. Laws, c. 519, §  1;  66 Del. Laws, c. 261, §  1;  67 Del. Laws, c. 208, §  2;  77 Del. Laws, c. 193, §  1;  79 Del. Laws, c. 125, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 90. COMPENSATION FOR INNOCENT VICTIMS OF CRIME › § 9005. Victims' Compensation Assistance Program.

§ 9005. Victims' Compensation Assistance Program.
(a) This hereby establishes the Victims' Compensation Assistance Program, hereafter the “Agency,” which functions under the authority of the Department of Justice, and which has the sole jurisdiction over the awarding of compensation for claimants.
(b) Executive Director. —
The Executive Director must be appointed by and report to the Attorney General. The Executive Director shall manage the Agency staff and supervise the claims review process and payment of compensation to claimants.
(c) The Executive Director and staff shall support the Council and the Appeals Board.
(d) Staff. —
The Executive Director may employ staff and contract for services as necessary and authorized to carry out the purpose of the Agency, Council, and Appeals Board.
77 Del. Laws, c. 193, §  1;  83 Del. Laws, c. 247, § 3;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 90. COMPENSATION FOR INNOCENT VICTIMS OF CRIME › § 9006. Function of the Agency.

§ 9006. Function of the Agency.
The Agency, subject to the approval of the Department of Justice, has all of the following functions, powers, and duties:
(1) To meet and function at any place within the State.
(2) To obtain the services of other governmental agencies on request and to utilize those services when necessary.
(3) To receive, investigate, and determine awards, and to process for claims payment for applications filed under this chapter.
a.-c. [Repealed.]
(4) To publish reports, information, and other data collected by the Agency.
(5) To annually render to the Governor and General Assembly a written report of the Agency's activities and recommendations.
(6) To provide applications for purposes of this chapter and to specify the information to be included in the applications.
(7) To adopt, promulgate, amend, and rescind rules and regulations that are required to carry out this chapter.
(8) To reimburse other governmental agencies under this chapter for awards to claimants.
(9) To recover, through reimbursement by the criminal defendant, the full amount of compensation paid to claimants for crimes committed by the defendant.
(10) To recover, through reimbursement from claimants, funds received from other sources of payment, as set forth herein.
(11) To administer the Victims' Compensation Fund established by this chapter.
77 Del. Laws, c. 193, §  1;  79 Del. Laws, c. 125, §  2;  79 Del. Laws, c. 404, §  1;  83 Del. Laws, c. 247, § 4;