CHAPTER 214

FORMERLY

HOUSE BILL NO. 153

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AND

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO POLICE PENSION PLAN.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Title 11 of the Delaware Code by striking the existing § 8813 and § 8814 and replacing thereto new § 8813 and § 8814 to read as follows:

Ҥ 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 five (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 five (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.

§ 8814. Vesting Rights; Return to Service.

(a) A member who has five (5) years of credited service shall have a vested right to a service pension.

(b) If a member who has less than five (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 four (4) months after such cessation of employment; or

(2) The member subsequently acquires five (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state service pension and subsequently acquires 5 years of credited service; and provided that, if the member has withdrawn that member’s own contributions, the member repays them with interest at a rate determined by the Board.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.”

Approved May 1,2008