reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 29 - State Government › Chapter 55. State Employees’ Pension Plan › Subchapter II. Eligibility Requirements and Benefits › § 5524. Eligibility for disability pension.

§ 5524. Eligibility for disability pension.
(a) An employee who has 5 years of credited service, exclusive of service credited under § 5501(e)(4), (5) and (12) of this title, and develops a disability shall become eligible to receive a disability pension beginning with the fourth month following the inception of his or her disability. Such individual shall cease to be eligible at the end of the month in which he or she recovers from disability and is again offered employment as an employee, if such recovery and offer of employment occurs before his or her attainment of age 60.
(b) Such an employee shall be kept on the active payroll and receive credited service from the inception of the employee's disability to the end of the third month following and shall receive payments at the same rate of compensation the employee received before the employee developed a disability.
(c) An employee shall be deemed to have developed a disability for the purposes of this section if the employee has a physical or mental disability which prevents the employee from performing the duties of the employee's position.
(d) An employee who previously elected to participate in the disability insurance option pursuant to § 5519(b)(2) of this title and has been deemed to have a disability pursuant to § 5253(c) of this title and whose benefit under the disability insurance option has been discontinued because of the limits of coverage for mental condition or substance abuse have been exhausted, shall be deemed to have a disability for the purposes of this section and be covered under the disability pension provisions of this section.
29 Del. C. 1953, §  5524;  57 Del. Laws, c. 592, §  1;  60 Del. Laws, c. 483, §  18;  67 Del. Laws, c. 124, §  5;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 524, §  9;  76 Del. Laws, c. 324, §  3;  78 Del. Laws, c. 179, §§  280-285;  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 › § 5525. Payment of service pension.

§ 5525. Payment of service pension.
Service pension payments shall be made to a retired employee or former employee for each month beginning with the month in which the retired employee or former employee becomes eligible to receive such pension and ending with the month in which the retired employee or former employee dies.
29 Del. C. 1953, §  5525;  57 Del. Laws, c. 592, §  1;  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 › § 5526. Payment of disability pension.

§ 5526. 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, beginning in 1972, in a form prescribed by the Board, the total earnings from any gainful occupation or business in the preceding calendar year. The excess of such earnings over 1/2 of the annual rate of compensation, adjusted annually for any increase in the total “Median Usual Weekly Earnings” as published by the U.S. Department of Labor, received before the pensioner developed a disability shall be deducted from the disability pension during the 12 months beginning in July of the year following the calendar year for which earnings are reported, in a manner determined by the Board. 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) Any disability pensioner who was employed as a “police officer” as defined in § 8401 of Title 11 or employed as an officer of the Capitol Police who has not attained age 60 shall report to the Board by April 30 each year, in a form prescribed by the Board, their total earnings from any gainful occupation or business in the preceding calendar year. The excess of such earnings over the annual rate of compensation, adjusted annually for any increase in the total “Median Usual Weekly Earnings” as published by the U.S. Department of Labor, received at the time of the disability shall be deducted from their disability pension during the 12 months beginning in July of the year following the calendar year for which the earnings are reported, in a manner determined by the Board. 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.
(d) 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.
29 Del. C. 1953, §  5526;  57 Del. Laws, c. 592, §  1;  58 Del. Laws, c. 180, §  2G;  63 Del. Laws, c. 310, §§  1, 2;  68 Del. Laws, c. 364, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 46, §  1;  78 Del. Laws, c. 179, §  286;  83 Del. Laws, c. 83, § 2;
2023 Delaware Code › Title 29 - State Government › Chapter 55. State Employees’ Pension Plan › Subchapter II. Eligibility Requirements and Benefits › § 5529. Death benefit.

§ 5529. Death benefit.
Upon the death of an employee, former employee or pensioner or if a survivor's pension is payable upon such death, when such pension ceases to be payable, there shall be paid to the designated beneficiary or, in the absence of a designated beneficiary, to the estate of the employee, former employee or pensioner a lump sum equal to the excess, if any, of the accumulated employee contributions with interest over the aggregate of all pension payments made.
29 Del. C. 1953, §  5529;  57 Del. Laws, c. 592, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 55. State Employees’ Pension Plan › Subchapter II. Eligibility Requirements and Benefits › § 5530. Withdrawal benefit.

§ 5530. Withdrawal benefit.
Upon the withdrawal from service of an employee who is not eligible for a service or disability pension, the accumulated contributions with interest shall be paid to the employee.
29 Del. C. 1953, §  5530;  57 Del. Laws, c. 592, §  1;  61 Del. Laws, c. 453, §  6;  65 Del. Laws, c. 342, §  3;  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 › § 5531. Application for benefits.

§ 5531. 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. Said 2-month look-back restriction shall not apply to applications pursuant to § 5524 of this title.
(b) 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.
(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.
29 Del. C. 1953, §  5531;  57 Del. Laws, c. 592, §  1;  60 Del. Laws, c. 483, §  27;  65 Del. Laws, c. 342, §  4;  75 Del. Laws, c. 135, §  1;  77 Del. Laws, c. 408, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 55. State Employees’ Pension Plan › Subchapter II. Eligibility Requirements and Benefits › § 5533. Adjustment of benefits.

§ 5533. Adjustment of benefits.
(a) On and after July 1, 1972, no pension which has been in effect for 3 years shall be subject to adjustment.
(b) The amount of any pension which became effective before 1971 shall be the greater of:
(1) The monthly pension paid in December, 1970;
(2) The correct amount determined as a result of audits made between May, 1971, and June, 1972, inclusive of any increases provided before 1972.
(c) Any pension overpayments discovered as a result of audits made between May, 1971, and June, 1972, shall not be subject to recovery.
(d) If the final average compensation of an employee has been reduced because of a leave of absence resulting from presidential determinations to augment active forces, such employee shall have their final average compensation adjusted by their amount of military compensation. This adjustment will be no greater then what the employee would have received had they remained in employment for the period of leave. The employee will contribute 3% of the amount that was adjusted. Any remaining cost associated with the adjustment will be transferred from the Special Pension Fund authorized by 61 Del. Laws, c. 455.
(e) Any reduction in a state employee's salary, mandated as part of the Fiscal Year 2010 Annual Appropriations Act [77 Del. Laws, c. 84] and implemented during Fiscal Year 2010, shall not be used when computing an employee's final average compensation. Rather, the state employee's base salary as of June 30, 2009, shall be used in calculating the employee's final average compensation as defined in § 5501(g) of this title.
29 Del. C. 1953, §  5533;  58 Del. Laws, c. 527, §  1E;  59 Del. Laws, c. 457, §  1;  74 Del. Laws, c. 189, §  1;  77 Del. Laws, c. 84, §  85;  79 Del. Laws, c. 174, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 55. State Employees’ Pension Plan › Subchapter III. Financing and Administration › § 5541. Establishment of Fund.

§ 5541. Establishment of Fund.
There shall be established a State Employees' Retirement Fund, hereinafter referred to as “Fund,” to which state appropriations and other employer contributions shall be deposited monthly and to which employee contributions shall be deposited upon deduction from the employee's paycheck and to which earnings on investments, any other contributions, gifts, donations, grants, refunds and reimbursements shall be deposited upon receipt and from which benefits shall be paid and fees and expenses authorized by the Board shall be paid. Subject to Internal Revenue Code § 401(a)(24) [26 U.S.C. § 401(a)(24)], the assets of the Fund will be commingled in the Delaware Public Employees' Retirement System as provided for by § 8308 of this title. The assets of the Fund are held in trust and may not be used for or diverted to any purpose other than for the exclusive benefit of the employees and their beneficiaries.
29 Del. C. 1953, §  5541;  57 Del. Laws, c. 592, §  1;  58 Del. Laws, c. 180, §  2K;  71 Del. Laws, c. 121, §  3;  76 Del. Laws, c. 279, §  5;
2023 Delaware Code › Title 29 - State Government › Chapter 55. State Employees’ Pension Plan › Subchapter III. Financing and Administration › § 5542. Board of Pension Trustees.

§ 5542. 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.
29 Del. C. 1953, §  5542;  57 Del. Laws, c. 592, §  1;  58 Del. Laws, c. 180, §  2L;
2023 Delaware Code › Title 29 - State Government › Chapter 55. State Employees’ Pension Plan › Subchapter III. Financing and Administration › § 5545. Full actuarial funding.

§ 5545. Full actuarial funding.
No laws establishing special pensions, whether they be service pensions, disability pensions, survivor's pensions or otherwise, shall be enacted by the General Assembly unless, at the time of enactment, an appropriation is passed that provides full actuarial funding for such special pensions.
61 Del. Laws, c. 336, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 55. State Employees’ Pension Plan › Subchapter III. Financing and Administration › § 5546. Burial benefits.

§ 5546. Burial benefits.
(a) Upon the death of an individual receiving a pension under this chapter the sum of $7,000 shall be paid from the Fund to a 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.
(c) Benefits granted under this section may be assigned to a licensed funeral home to cover the funeral and associated expenses of the deceased pensioner, subject to the signed consent of the beneficiary or his or her legal guardian using a form approved for such use by the Board of Pension Trustees.
63 Del. Laws, c. 362, §  1;  66 Del. Laws, c. 168, §  1;  68 Del. Laws, c. 150, §  1;  69 Del. Laws, c. 451, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 169, §  2;  73 Del. Laws, c. 146, §  5;  76 Del. Laws, c. 80, §  89;  78 Del. Laws, c. 115, §  2;
2023 Delaware Code › Title 29 - State Government › Chapter 55. State Employees’ Pension Plan › Subchapter III. Financing and Administration › § 5547. Employer pickup of employee contributions.

§ 5547. Employer pickup of employee contributions.
(a) Each participating employer, pursuant to the provisions of § 414(h)(2) of the United States Internal Revenue Code [26 U.S.C. § 414 (h)(2)], shall pick up and pay the contributions which would otherwise be payable by the employees under § 5543 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 employee's compensation.
(b) Employee contributions picked up by the employer shall be paid from the same source of funds used for the payment of compensation to an employee. A deduction shall be made from each employee's compensation equal to the amount of the employee's contributions picked up by the employer. This deduction, however, shall not reduce the employee's compensation for purposes of computing benefits under the retirement system pursuant to this chapter.
(c) Employee contributions shall be credited to a separate account within the employee's individual account so that the amount contributed prior to the effective date for the pickup of employee 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, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 55. State Employees’ Pension Plan › Subchapter III. Financing and Administration › § 5548. Establishment of Post Retirement Benefit Fund.

§ 5548. Establishment of Post Retirement Benefit Fund.
(a) (1) There shall be established a State Post Retirement Benefit Fund, hereinafter referred to as the “Post Retirement Fund,” separate and distinct from the funds established under §§ 5541 and 5601 of this title; § 8393 of Title 11, to which state appropriations and other employer contributions shall be deposited monthly, and to which earnings on investments, refunds and reimbursements shall be deposited upon receipt, and from which such post retirement benefits as the General Assembly may hereafter legislate 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 providing funding for post retirement increases for employees retired under this chapter; Chapter 56 of this title; Chapter 83 of Title 11.
(2) The Board of Pension Trustees shall review the balance in the Post Retirement Fund at the end of each fiscal year and make any recommendations for adjustments in the funding rate for the succeeding fiscal year to ensure that the rate be sufficient to fund post retirement increases authorized under this section.
(b) (1) In the event that the General Assembly shall introduce legislation proposing post retirement increases, the Board of Pension Trustees shall review each such proposal to determine if sufficient funds are projected to be available in the Post Retirement Fund to provide the funding necessary to fund the increase granted by the General Assembly. In addition, any pension increases granted shall not be substantively automatic. If the Board determines that insufficient funds will be available to fund the increase, the Board shall notify the Governor and the General Assembly that an additional appropriation will be required in order to provide the post retirement increase being proposed.
(2) Any monthly service, disability, and survivor pension based on former service or disability pension that was effective 20 years or more prior to the date of the pension increase and is payable upon the date of the increase, shall be increased greater than any pension that was effective less than 20 years prior to the date of the pension increase.
69 Del. Laws, c. 104, §  1;  83 Del. Laws, c. 504, § 1;
2023 Delaware Code › Title 29 - State Government › Chapter 55. State Employees’ Pension Plan › Subchapter III. Financing and Administration › § 5549. Payment of benefits.

§ 5549. Payment of benefits.
Benefits shall be due and payable under this chapter only to the extent provided in this chapter, and neither the State nor the State Employees' Pension Plan shall be liable for any amount in excess of such sums.
71 Del. Laws, c. 132, §  84;
2023 Delaware Code › Title 29 - State Government › Chapter 55A. COUNTY AND MUNICIPAL PENSION PLAN › Subchapter I. General Provisions › § 5552. Employment of pensioners.

§ 5552. Employment of pensioners.
An individual shall not receive a 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 or special election; or
(2) An official appointed by the Governor; or
(3) A temporary employee whose earnings from such temporary employment do not exceed the maximum allowed by social security without affecting social security benefits; or
(4) A registration or election official, or a juror.
62 Del. Laws, c. 398, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 55A. COUNTY AND MUNICIPAL PENSION PLAN › Subchapter I. General Provisions › § 5553. Attachment and assignment of benefits.

§ 5553. Attachment and assignment of benefits.
Except for orders of the Delaware Family Court for a sum certain payable on a periodic basis, the benefits provided by this chapter shall not be subject to attachment or execution and shall be payable only to the beneficiary designated and shall not be subject to assignment or transfer.
62 Del. Laws, c. 398, §  1;  71 Del. Laws, c. 337, §  3;
2023 Delaware Code › Title 29 - State Government › Chapter 55A. COUNTY AND MUNICIPAL PENSION PLAN › Subchapter I. General Provisions › § 5554. Waiver of benefits.

§ 5554. 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.
62 Del. Laws, c. 398, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 55A. COUNTY AND MUNICIPAL PENSION PLAN › Subchapter I. General Provisions › § 5555. Optional participation of counties and municipalities.

§ 5555. Optional participation of counties and municipalities.
Any county or municipality, including state governmental subdivisions, Delaware State Housing Authority, volunteer ambulance company, and volunteer fire company, may elect to participate in the State Employees' Pension Fund beginning July 1 of any year on or after July 1, 1981. Application to participate shall be by resolution approved by the governing body of the county or municipality, including state governmental subdivisions and the Delaware State Housing Authority, 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, including state governmental subdivisions and the Delaware State Housing Authority, shall provide such information to the Board as it may require for the administration of this chapter.
62 Del. Laws, c. 398, §  1;  65 Del. Laws, c. 157, §  2;  70 Del. Laws, c. 425, §  37(c);  71 Del. Laws, c. 132, §  93;  74 Del. Laws, c. 226, §  4;
2023 Delaware Code › Title 29 - State Government › Chapter 55A. COUNTY AND MUNICIPAL PENSION PLAN › Subchapter II. Eligibility Requirements and Benefits › § 5569. Retirement option.

§ 5569. Retirement option.
When a member applies for a pension, he or she shall choose either a unified pension or an ordinary pension.
67 Del. Laws, c. 86, §  6;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 55A. COUNTY AND MUNICIPAL PENSION PLAN › Subchapter II. Eligibility Requirements and Benefits › § 5570. Amount of unified service, disability or survivor pension.

§ 5570. Amount of unified service, disability or survivor pension.
The amount of 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 § 5551(4)b. 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 this title; subchapter III of Chapter 83 of Title 11; and Chapter 88 of Title 11.
67 Del. Laws, c. 86, §  6;
2023 Delaware Code › Title 29 - State Government › Chapter 55A. COUNTY AND MUNICIPAL PENSION PLAN › Subchapter II. Eligibility Requirements and Benefits › § 5571. Mandatory retirement.

§ 5571. Mandatory retirement.
A member shall retire on the member's mandatory retirement date as established by the employer.
62 Del. Laws, c. 398, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 55A. COUNTY AND MUNICIPAL PENSION PLAN › Subchapter II. Eligibility Requirements and Benefits › § 5572. Eligibility for service pension.

§ 5572. Eligibility for service pension.
(a) A member shall become eligible to receive a service pension, beginning with the month after the member has terminated employment, if:
(1) The member has 5 years of credited service, and has attained age 62; or
(2) The member has 15 years of credited service, and has attained age 60; or
(3) The member has 30 years of credited service.
(b) An inactive member with a vested right to a service pension shall become eligible to receive such pension, computed in accordance with this chapter in effect when he or she ceased to be an employee, beginning with the first month after his or her attainment of age 62.
(c) A member shall become eligible to receive a reduced service pension beginning with the month after he or she has terminated employment, if he or she has 15 years of credited service, and has attained age 55. The amount of the service pension shall be reduced by four-tenths percent for each month the member is under age 60.
62 Del. Laws, c. 398, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 132, §  5;
2023 Delaware Code › Title 29 - State Government › Chapter 55A. COUNTY AND MUNICIPAL PENSION PLAN › Subchapter II. Eligibility Requirements and Benefits › § 5573. Vested right to service pension.

§ 5573. Vested right to service pension.
(a) A member who has 5 years of credited service shall have a vested right to a pension.
(b) An inactive member's vested right shall be forfeited upon an application for a refund of the member's accumulated contributions and cancellation of membership.
62 Del. Laws, c. 398, §  1;  68 Del. Laws, c. 364, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 55A. COUNTY AND MUNICIPAL PENSION PLAN › Subchapter II. Eligibility Requirements and Benefits › § 5574. Eligibility for disability pension.

§ 5574. Eligibility for disability pension.
(a) A member who has 5 years of credited service, develops a disability and is no longer employed shall become eligible to receive a disability pension beginning with the month following the inception of his or her disability. Such member shall cease to be eligible at the end of the month in which he or she recovers from disability, if such recovery occurs before his or her attainment of age 60.
(b) A member shall be deemed to have a disability who is unable to engage in any substantial gainful activity for which the employee is reasonably suited by training or experience by reason of any medically determinable physical or mental disability which can be expected to result in death or to last for a period of not less than 12 months.
62 Del. Laws, c. 398, §  1;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 179, §§  289-291;
2023 Delaware Code › Title 29 - State Government › Chapter 55A. COUNTY AND MUNICIPAL PENSION PLAN › Subchapter II. Eligibility Requirements and Benefits › § 5575. Payment of service pension.

§ 5575. Payment of service pension.
Service pension payments shall be made to a retired member for each month beginning with the month in which the retired member became eligible to receive such pension and ending with the month in which the retired member dies.
62 Del. Laws, c. 398, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 55A. COUNTY AND MUNICIPAL PENSION PLAN › Subchapter II. Eligibility Requirements and Benefits › § 5576. Payment of disability pension.

§ 5576. Payment of disability pension.
(a) Disability pension payments shall be made to a member for each month beginning with the month in which the member becomes eligible to receive such pension and ending with the month in which the member ceases to be eligible or dies.
(b) Any 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 total earnings from any gainful occupation or business in the preceding calendar year. The excess of such earnings over 1/2 of the annual rate of compensation, adjusted annually for any increase in the total “Median Usual Weekly Earnings” as published by the U.S. Department of Labor, received by the pensioner before the pensioner developed a disability shall be deducted from the disability pension during the 12 months beginning in July of the year following the calendar year for which earnings are reported, in a manner determined by the Board. 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 retired member to qualify subsequently for a service pension or another disability pension.
62 Del. Laws, c. 398, §  1;  68 Del. Laws, c. 364, §  3;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 179, §  292;
2023 Delaware Code › Title 29 - State Government › Chapter 55A. COUNTY AND MUNICIPAL PENSION PLAN › Subchapter II. Eligibility Requirements and Benefits › § 5577. Amount of monthly service or disability pension [For application of this section, see 79 Del. Laws, c. 315, § 10].

§ 5577. Amount of monthly service or disability pension [For application of this section, see 79 Del. Laws, c. 315, § 10].
(a) The amount of the monthly service or disability pension payable to a retired member shall be 1/6 0 of the retired member's final average compensation multiplied by the number of years, taken to the nearest twelfth of a year, in the retired member's period of credited service.
(b) Notwithstanding provisions of this chapter to the contrary, a member may elect to have his or her service or disability pension computed under this chapter reduced by 2% thereby providing a survivor's pension equal to 2/3 of such reduced amount to the employee's eligible survivor or survivors at the time of the employee's death. This election must be made in a form approved by the Board, filed prior to the issuance of the employee's first benefit check and shall be irrevocable.
(c) Notwithstanding provisions of this chapter to the contrary, a member may elect to have his or her service or disability pension computed under this chapter reduced by 3% thereby providing a survivor's pension equal to 75% of such reduced amount to the employee's eligible survivor or survivors at the time of the employee's death. This election must be made in a form approved by the Board, filed prior to the issuance of the employee's first benefit check and shall be irrevocable.
(d) Notwithstanding provisions of this chapter to the contrary, a member may elect to have his or her service or disability pension computed under this chapter reduced by 6% thereby providing a survivor's pension equal to 100% of such reduced amount to the employee's eligible survivor or survivors at the time of the employee's death. This election must be made in a form approved by the Board, filed prior to the issuance of the employee's first benefit check and shall be irrevocable.
62 Del. Laws, c. 398, §  1;  67 Del. Laws, c. 86, §  14;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 132, §  1;  79 Del. Laws, c. 315, §  4;
2023 Delaware Code › Title 29 - State Government › Chapter 55A. COUNTY AND MUNICIPAL PENSION PLAN › Subchapter II. Eligibility Requirements and Benefits › § 5579. Death benefit.

§ 5579. Death benefit.
Upon the death of a member, inactive member, retired member or individual receiving a survivor's pension, there shall be paid to the designated beneficiary or beneficiaries or, in the absence of a designated beneficiary, to the estate of the member, inactive member, retired member or survivor, a lump sum equal to the excess, if any, of the accumulated member contributions with interest over the aggregate of all pension payments made.
62 Del. Laws, c. 398, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 55A. COUNTY AND MUNICIPAL PENSION PLAN › Subchapter II. Eligibility Requirements and Benefits › § 5580. Withdrawal benefit.

§ 5580. Withdrawal benefit.
Upon the withdrawal from service of a member who is not eligible for a service or disability pension, the accumulated contributions with interest shall be paid to the member.
62 Del. Laws, c. 398, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 132, §  7;
2023 Delaware Code › Title 29 - State Government › Chapter 55A. COUNTY AND MUNICIPAL PENSION PLAN › Subchapter II. Eligibility Requirements and Benefits › § 5581. Application for benefits.

§ 5581. 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. In no event shall a withdrawal benefit be paid to an individual whose application is filed more than 5 years after the date the individual first becomes eligible to receive such benefit.
(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 including, but not limited to, information regarding benefits pursuant to the Federal Social Security Act [42 U.S.C. § 301 et seq.]. The Board may withhold payment of any pension under this chapter whenever the determination of such pension is dependent upon such information and the member, 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.
62 Del. Laws, c. 398, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 408, §  3;
2023 Delaware Code › Title 29 - State Government › Chapter 55A. COUNTY AND MUNICIPAL PENSION PLAN › Subchapter II. Eligibility Requirements and Benefits › § 5582. Increases in pensions.

§ 5582. Increases in pensions.
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 § 5577 of this title, as effective July 1, 2005, less the benefit previously awarded under § 5577 of this title.
75 Del. Laws, c. 132, §  4;
2023 Delaware Code › Title 29 - State Government › Chapter 55A. COUNTY AND MUNICIPAL PENSION PLAN › Subchapter III. Financing and Administration › § 5591. Member contributions.

§ 5591. Member contributions.
(a) Effective January 1, 2006, employee contributions to the Fund shall be 3% of total annual compensation in excess of $6,000. In no event shall total compensation during any calendar year in excess of $6,000 be exempt from contributions.
(b) An employee can purchase service credit or 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) [26 U.S.C. § 401(a)] of the United States Internal Revenue Code;
b. An annuity contract described in § 403(b) [26 U.S.C. § 403(b)] of the United States Internal Revenue Code; or
c. An eligible plan under § 457(b) [26 U.S.C. § 457(b)] of the United States Internal Revenue Code.
(2) A participant contribution of an eligible rollover distribution from:
a. A qualified plan described in § 401(a) [26 U.S.C. § 401(a)] of the United States Internal Revenue Code;
b. An annuity contract described in § 403(b) [26 U.S.C. § 403(b)] of the United States Internal Revenue Code; or
c. An eligible plan under § 457(b) [26 U.S.C. § 457(b)] of the United States Internal Revenue Code.
(3) A participant rollover contribution of the portion of a distribution from an individual retirement account or annuity described in § 408 [26 U.S.C. § 408] of the United States Internal Revenue Code that is eligible to be rolled over and would otherwise be includible in gross income.”
62 Del. Laws, c. 398, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 419, §§  2, 3;  75 Del. Laws, c. 132, §  3;
2023 Delaware Code › Title 29 - State Government › Chapter 55A. COUNTY AND MUNICIPAL PENSION PLAN › Subchapter III. Financing and Administration › § 5592. Employer contributions.

§ 5592. Employer contributions.
The contribution of an employer 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.
62 Del. Laws, c. 398, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 55A. COUNTY AND MUNICIPAL PENSION PLAN › Subchapter III. Financing and Administration › § 5593. Establishment of Fund.

§ 5593. Establishment of Fund.
There shall be established a County and Municipal Employees' Retirement Fund, hereinafter referred to as the “Fund,” separate and distinct from the Fund established under Chapter 55 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.
67 Del. Laws, c. 86, §  18;  71 Del. Laws, c. 121, §  8;  76 Del. Laws, c. 279, §  8;
2023 Delaware Code › Title 29 - State Government › Chapter 55A. COUNTY AND MUNICIPAL PENSION PLAN › Subchapter III. Financing and Administration › § 5594. Employer pickup of member contributions.

§ 5594. 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 § 5591 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, §  2;
2023 Delaware Code › Title 29 - State Government › Chapter 55A. COUNTY AND MUNICIPAL PENSION PLAN › Subchapter III. Financing and Administration › § 5595. Payment of benefits.

§ 5595. 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 Employees' Retirement Fund shall be liable for any amount in excess of such sums.
71 Del. Laws, c. 132, §  89;
2023 Delaware Code › Title 29 - State Government › Chapter 56. PENSIONS FOR MEMBERS OF THE STATE JUDICIARY › § 5601. State Judiciary Retirement Fund; contributions; use; division of benefits into plans.

§ 5601. State Judiciary Retirement Fund; contributions; use; division of benefits into plans.
(a) There shall be established a State Judiciary Retirement Fund, hereinafter referred to as “Fund.” Each member who elects or who has elected the provisions of this chapter and:
(1) Who was first appointed to the state judiciary prior to July 1, 1980, and is a member covered by the closed plan, shall contribute $500 to the Fund each year for the first 25 years of service; or
(2) Who is a member covered by the revised plan, shall contribute to the Fund each year for the first 24 years of service an amount equal to 3% of annual compensation in excess of $6,000 up to the Social Security wage base, and 5% of total compensation in excess of the Social Security wage base. In no event shall total compensation during any calendar year in excess of $6,000 be exempt from contributions.
Effective July 1, 1997, employee pension contributions made pursuant to this section shall not be subject to adjustment or recovery after the expiration of 3 full calendar years from December 31 of the year in which the contributions were made unless no contributions were paid during that calendar year.
(b) The Board of Pension Trustees shall invest and accumulate the contributions made to the Fund and shall pay all pensions under this chapter from the Fund. If at any time there shall be insufficient money in the Fund for the purposes of this chapter, the Secretary of Finance shall transfer funds from the General Fund to make up any such deficiency. 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.
(c) The benefit provisions of this chapter shall be divided into 2 plans, the closed plan and the revised plan. Members of the state judiciary first appointed before July 1, 1980, who do not elect, as provided in § 5605 of this title, to accept the revised plan shall be members covered by the closed plan even through reappointments to the state judiciary. All other members of the state judiciary who accept the provisions of this chapter, as provided in § 5605 of this title, shall be members covered by the revised plan.
29 Del. C. 1953, §  5602;  50 Del. Laws, c. 119, §  1;  50 Del. Laws, c. 554, §  1;  56 Del. Laws, c. 198, §  1;  57 Del. Laws, c. 741, §§  39B, 39C;  60 Del. Laws, c. 649, §  1;  62 Del. Laws, c. 415, §§  2, 3;  71 Del. Laws, c. 121, §§  6, 7;  71 Del. Laws, c. 165, §  5;  71 Del. Laws, c. 354, §  38;  76 Del. Laws, c. 279, §  6;
2023 Delaware Code › Title 29 - State Government › Chapter 56. PENSIONS FOR MEMBERS OF THE STATE JUDICIARY › § 5604. Definition of involuntary retirement.

§ 5604. Definition of involuntary retirement.
Retirement from the state judiciary shall be deemed to be involuntary if, upon expiration of the judge's term of office, a judge shall fail to be reappointed and confirmed, unless the judge shall have declined reappointment.
29 Del. C. 1953, §  5605;  50 Del. Laws, c. 119, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 56. PENSIONS FOR MEMBERS OF THE STATE JUDICIARY › § 5605. Acceptance of provisions; result.

§ 5605. Acceptance of provisions; result.
(a) Each new member of the state judiciary, whether by appointment and confirmation or as a result of any provision of this chapter, may accept the provisions of this chapter by:
(1) Written declaration to that effect within 30 days following the member's becoming a member of the state judiciary. A member first appointed on or after July 1, 1980, shall not be required to file a written declaration as such member is covered under the revised plan; or
(2) Through the authorization, heretofore or hereafter accomplished, by said member to permit deductions for the contributions provided in § 5601 of this title.
The declaration of acceptance shall be filed in the office of the Secretary of State; provided, however, that in the event the member accepts the provisions of this chapter through authorization of deductions for contributions, the member shall thereafter file a written declaration with the Secretary of State. Upon filing of such written declaration by a member of the state judiciary or upon authorization of deductions for contributions, whichever first occurs, the benefits of this chapter shall be available to the member. Any judge who was, prior to November 8, 1955, a member of the state judiciary, who has not already done so, may file a written declaration of acceptance of the provisions of this chapter within 30 days after November 8, 1955. A declaration of acceptance, or authorization to permit deductions for the contributions provided in § 5601 of this title, heretofore or hereafter accomplished, by a member first appointed on or after July 1, 1980, shall cover such member under the revised plan.
(b) A member first appointed before July 1, 1980, may elect to be covered by the revised plan by filing a declaration of acceptance in the office of the Secretary of State.
(c) Any declaration of acceptance of this chapter or authorization of deductions for the contributions provided in § 5601 of this title as provided in subsection (a) of this section shall constitute an authorization and direction by the member of the state judiciary making the same that if a certificate of permanent physical or mental disability of such member shall be thereafter filed as provided for in § 5602(c) of this title, such certificate shall, without any further act by such member, constitute a resignation by such member, effective immediately after the filing of such certificate. A declaration of acceptance shall also authorize deductions for the contributions provided for in § 5601 of this title.
(d) Any declaration filed or authorization made pursuant to this section shall be irrevocable.
29 Del. C. 1953, §  5606;  50 Del. Laws, c. 119, §  1;  50 Del. Laws, c. 533, §  3;  62 Del. Laws, c. 415, §§  12-14;  63 Del. Laws, c. 330, §  1;  64 Del. Laws, c. 202, §  1;  66 Del. Laws, c. 123, §§  1-3;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 365, §  4;  74 Del. Laws, c. 8, §  2;  78 Del. Laws, c. 179, §  297;  82 Del. Laws, c. 87, § 7;