TITLE 11

Crimes and Criminal Procedure

Law-Enforcement Administration

CHAPTER 83. STATE POLICE

Subchapter II. Pensions; Disability and Death Benefits


The Police Retirement Fund, hereafter in this subchapter referred to as "Fund,'' shall be created in the following manner:

All rewards offered for any particular service, when otherwise payable to any member of the State Police, shall be paid to the Secretary of Finance and shall be credited by the Secretary to the account of the Fund. Also there shall be deducted each month from the monthly payroll of each member of the State Police 5 percent of the amount of the member's salary and such amount shall be paid to the Secretary of Finance and shall be credited by the Secretary to the account of the Fund; provided, however, that for any member of the State Police who has completed 20 years of credited service and who was hired before July 1, 1980, and for any member of the State Police who has completed 25 years of credited service and who was hired after July 1, 1980, as defined in this chapter, there shall be deducted from the monthly payroll of each such member of the State Police 2 percent of the amount of the member's salary and such amount shall be paid to the Secretary of Finance and shall be credited by the Secretary to the account of the Fund. At the same time, the Secretary of Finance shall transfer from the funds of the Department of Safety and Homeland Security and credit to the Fund, each month, a sum equivalent to 5 percent of the amount of the monthly payroll of all of the members of the State Police. If at any time there shall be insufficient money in the Fund for the purposes of this subchapter, the Secretary of Finance shall transfer from the funds of the Department of Safety and Homeland Security sufficient money to make up any such deficiency. No money shall be paid out of the Fund thus created, except for the purposes of this subchapter and on warrants of the Board of Pension Trustees. The assets of the Fund will be commingled in the Delaware Public Employees' Retirement System as provided for by § 8308 of Title 29. 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.

41 Del. Laws, c. 262, § 2; 11 Del. C. 1953, § 8322; 57 Del. Laws, c. 741, §§ 41B, 41C; 60 Del. Laws, c. 695, § 1; 66 Del. Laws, c. 295, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 121, § 4; 71 Del. Laws, c. 165, § 6; 74 Del. Laws, c. 110, § 138.;

(a) Any member of the State Police who has served as such for a period of 20 years may retire, or any member who has reached the age of 55 years shall be retired; in either event, the retired member shall thereupon receive monthly, from the Fund, an amount equal to 1/2 of the monthly salary received by such member at the time of retirement; provided, however, that members of the State Police retired prior to January 1, 1972, shall as of that date receive an amount equal to one half of the monthly salary provided under this chapter for an active-duty officer of equivalent rank. Thereafter, pensions of retired State Police shall not be recomputed based on the salaries of active-duty State Police; provided further, however, that as of July 1, 1974, the monthly amount payable to retirees shall increase on July 1 of each year by any cumulative percentage increase in the national consumer price index average of the previous calendar year, plus the aggregated cumulative percentage change in the national consumer price index average of the previous consecutive years in which an increase was not granted. A cumulative percentage decrease in any calendar year shall not result in any reduction in the pension rates.

(b) Any former or present member of the State Highway Police, State Police, or any successor or substitute therefor, who shall have been a member of the County Police of New Castle County, shall receive full credit for the time served in such County Police in computing the number of years' service required to receive pension benefits provided in subsection (a) of this section.

(c) An individual shall not receive a pension under this subchapter for any month which the individual is an employee, as defined in § 8301 of this title or § 5501 of Title 29, 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 registration or election official or a juror; or

(4) Receiving an ordinary service, disability or survivor's pension.

The employment, except employment as an elected official, may not be used for further retirement benefits.

(d) Nothing in this section shall prevent the employment by the State as a registration or election official or as a juror of any person receiving a state pension. Persons so employed may receive the compensation provided by law without deduction from their state pension.

(e) Any former or present member of the State Highway Police, State Police, or any successor or substitute therefor, who shall have been a member of the Delaware Memorial Bridge Police before the establishment of the Delaware River and Bay Authority, shall receive full credit for the time served in such Delaware Memorial Bridge Police in computing the number of years' service required to receive pension benefits provided in subsection (a) of this section.

(f) Nothing in this section shall prevent the employment by the State as a registration or election official or as a juror any person receiving a state pension. Persons so employed may receive the compensation provided by law without deduction from their state pension.

(g) Nothing in this section shall prevent the employment by the Superior Court, Court of Chancery, Court of Common Pleas or Family Court in or of any county of any person receiving a State Police pension. Persons so employed may receive compensation for such services without deduction from their State Police pension.

(h) No retired member of the Uniformed Division, State Police, entitled to receive a pension under subsection (a) of this section, shall receive a monthly pension less than any retiree on the retired rolls from the immediately prior retiring class, and of the same active-duty rank, if such difference is solely the result of a cost-of-living increase granted to such retiree.

(i) A member of the State Police hired prior to July 1, 1980, and who has 20 years of credited service shall have a vested right to a service pension as provided for in this subsection at a rate not less than the pension payment due upon completing 20 years of credited service; payments of said pension benefit shall increase pursuant to this section based upon increased annual salary adjustments and/or promotional increases that may occur subsequent to the twentieth year of credited service. A member's vested pension under this subsection shall be payable upon the effective date of termination of employment as a member of the State Police.

(j) Any reduction in a member's salary, mandated as part of the FY 2010 Annual Appropriations Act [77 Del. Laws, c. 84] and implemented during FY 2010, shall not be used when computing a member's final monthly salary. Rather, the member's base salary as of June 30, 2009, shall be used in calculating the member's monthly salary as defined in subsection (a) of this section.

41 Del. Laws, c. 263, § 3; 46 Del. Laws, c. 271, § 1; 11 Del. C. 1953, § 8323; 50 Del. Laws, c. 57, § 1; 54 Del. Laws, c. 55; 54 Del. Laws, c. 89, § 1; 54 Del. Laws, c. 158; 55 Del. Laws, c. 26; 55 Del. Laws, c. 189, § 2; 56 Del. Laws, c. 304; 57 Del. Laws, c. 100, § 1; 57 Del. Laws, c. 228, § 12; 57 Del. Laws, c. 654; 57 Del. Laws, c. 741, § 41C; 58 Del. Laws, c. 332, § 3; 60 Del. Laws, c. 694, § 1; 61 Del. Laws, c. 456, § 1; 66 Del. Laws, c. 192, § 1; 66 Del. Laws, c. 277, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 142, § 3; 72 Del. Laws, c. 384, §§ 1, 2; 77 Del. Laws, c. 84, § 86.;

Any former, present or future member of the State Highway Police or the State Police, who has heretofore received or who may hereafter receive permanent injuries in the performance of the member's duties, shall upon certification of a physician selected by the Board of Pension Trustees or by the injured person, be entitled to receive a pension equal to 1/2 of the member's salary at the time the injury was received; but no such pension shall be paid as long as such person is regularly employed as a State Police Officer. When, however, a member of the State Police shall desire to retire by reason of injury or disease, the member shall make application in writing to the Board of Pension Trustees for such retirement. Whereupon, the Board of Pension Trustees shall call to its assistance the aid of a physician or surgeon representing the Board of Pension Trustees, and the member may also call to the member's aid a physician or surgeon. Any member of the Board of Pension Trustees may administer oaths to such physician or surgeon or to any other person called as a witness with respect to the matter before the Board of Pension Trustees, and the Board of Pension Trustees shall determine by resolution passed by at least a majority of the members of the Board of Pension Trustees, whether such member is entitled to the benefits of this subchapter, and if so determined, such member shall be retired upon a pension equal to 3/4 of the member's salary at the time of retirement, together with cost of medical attention, if such medical attention be made necessary by reason of such injury or disease; provided, however, that members of the State Police who by reason of permanent injuries received in the performance of their duties and who for that reason have retired prior to January 1, 1972, shall as of that date receive an amount equal to 3/4 of the monthly salary provided under this chapter for an active duty officer of an equivalent rank in accordance with § 8326 of this title. Thereafter, pensions of State Police retired by reason of permanent injuries received in the performance of their duties shall not be recomputed based on the salaries of active duty State Police; provided further, however, that members of the State Police retired by reason of injury not received in the performance of their duties or disease prior to January 1, 1972, shall as of that date receive an amount equal to one half of the monthly salary provided under this chapter for an active duty officer of equivalent rank in accordance with § 8326 of this title. Thereafter, pensions of State Police members retired by reason of injury or disease shall not be recomputed based on the salaries of active duty State Police; provided further, however, that as of July 1, 1974, the monthly amount payable to State Police retired by reason of permanent injuries received in the performance of their duties and by State Police retired by reason of other injury or disease shall increase on July 1 of each year by any cumulative percentage increase in the national consumer price index average of the previous calendar year, plus the aggregated cumulative percentage change in the national consumer price index average of the previous consecutive years in which an increase was not granted. A cumulative percentage decrease in any calendar year shall not result in any reduction in the pension rates.

Any member who is entitled to a pension equal to 3/4 of the member's salary pursuant to this section shall be examined by at least 2 competent physicians employed by the Department of Health and Social Services every 6 months in order to determine the continuing eligibility of said member. Should such pensioner reside without the territorial limits of the State, the pensioner shall submit certificates of examination by 2 competent physicians approved by the Department of Health and Human Services or comparable agency of the state of residence for the foregoing purpose.

41 Del. Laws, c. 262, § 4; 11 Del. C. 1953, § 8324; 54 Del. Laws, c. 89, § 2; 54 Del. Laws, c. 230; 57 Del. Laws, c. 741, § 41C; 58 Del. Laws, c. 332, § 4; 70 Del. Laws, c. 149, § 7; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 384, §§ 3, 4.;

The surviving spouse or minor children or sole dependent parent of any member of the State Police, who shall have heretofore or shall hereafter die after having been retired or after having been eligible to retire under this subchapter, or who shall have heretofore or shall hereafter lose life in the performance of the member's duties, or when death results from injury received in the performance of the member's duties, shall receive a pension equal to three fourths of the salary of such member at the time of death. Such pension to such minor children shall be discontinued when the youngest dependent child shall cease to be a dependent as defined by § 8351(4) of this title; provided, however, that anyone entitled to receive a pension under this section prior to January 1, 1972, shall as of that date receive an amount equal to three fourths of the monthly payment to which the decedent would have been entitled under this chapter had the death occurred on or after January 1, 1972. Thereafter, pensions of those eligible under this section shall not be recomputed based on the salaries of active duty State Police; provided further, however, that as of July 1, 1974, the monthly amount payable to those eligible under this section shall increase on July 1 of each year by any cumulative percentage increase in the national consumer price index average of the previous calendar year, plus the aggregated cumulative percentage change in the national consumer price index average of the previous consecutive years in which an increase was not granted. A cumulative percentage decrease in any calendar year shall not result in any reduction in the pension rates. Any pension to a surviving spouse that has been discontinued as a result of remarriage shall be reinstated as of July 1, 2002, at the rate that the surviving spouse would have been receiving if the surviving spouse's pension had not been discontinued.

41 Del. Laws, c. 262, § 5; 11 Del. C. 1953, § 8325; 50 Del. Laws, c. 491, § 1; 54 Del. Laws, c. 89, § 3; 54 Del. Laws, c. 129; 58 Del. Laws, c. 332, § 5; 67 Del. Laws, c. 20, §§ 1, 2; 69 Del. Laws, c. 154, §§ 1, 3; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 384, §§ 5, 6; 73 Del. Laws, c. 396, § 1.;

Any present or future member of the State Police who shall become disabled due to any nonoccupational injury or disease, or who shall die while an active member of the State Police and after having served as an active member of the State Police for at least one third of the required number of years for regular pension, shall be eligible for a nonoccupational disability pension. When a member of the State Police shall desire to retire by reason of a nonoccupational injury or disease that causes the member to become disabled, the member shall make application in writing, and, in the case of death, the surviving spouse, minor children or dependent parent shall make application in writing to the Board of Pension Trustees for such pension. Whereupon, the Board of Pension Trustees shall call to its assistance the aid of a physician or surgeon representing the Board of Pension Trustees, and the member may also call to the member's aid a physician or surgeon. The Board of Pension Trustees shall determine by resolution, passed by at least a majority of the members of the Board of Pension Trustees, whether such member is entitled to the benefits of this subchapter, and if so determined, such member shall be retired upon a pension equal to one half of the member's salary at the time of retirement, and in the case of death, the following persons shall receive a pension equal to one half of the salary of the member in the following order of preference: surviving spouse, children, dependent parent. Such pension to such children shall be discontinued when the youngest living dependent child shall cease to be a dependent as defined by § 8351(4) of this title. Nothing in this section shall be construed as to conflict with any other section contained within this subchapter; provided, however, that any retired police member entitled to receive a pension under this section prior to January 1, 1972, shall, as of that date, receive an amount equal to one half the monthly salary provided under this chapter for an active duty officer of the same rank as that held by the retired State Police member. Thereafter, pensions of retired State Police members eligible to receive such pensions under this section shall not be recomputed based on the salaries of active duty member of the State Police. A dependent entitled to receive a payment under this section prior to January 1, 1972, shall as of that date receive an amount equal to one half the monthly salary provided under this chapter to an active duty officer of the same rank as the decedent through whom the dependent claims. Thereafter, pensions of dependents eligible to receive payments under this section shall not be recomputed based on the salaries of active duty State Police members. Provided further, that as of July 1, 1974, the monthly amount payable to those eligible to receive payments under this section shall increase on July 1 of each year by any cumulative percentage increase in the national consumer price index average of the previous calendar year, plus the aggregated cumulative percentage change in the national consumer price index average of the previous consecutive years in which an increase was not granted. A cumulative percentage decrease in any calendar year shall not result in any reduction in the pension rates.

11 Del. C. 1953, § 8326; 52 Del. Laws, c. 128; 54 Del. Laws, c. 89, § 4; 57 Del. Laws, c. 741, § 41C; 58 Del. Laws, c. 332, § 6; 67 Del. Laws, c. 20, § 3; 69 Del. Laws, c. 154, §§ 3, 4; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 384, §§ 7, 8.;

Sections 8323, 8324 and 8326 of this title shall apply to and be for the benefit of any member of the State Police retired as of June 28, 1963, or at any time thereafter, or to the surviving spouse, minor children or sole dependent parent, as the case may be, and such pension payments, as adjusted from time to time as provided in this subchapter, shall continue so long as any person is entitled thereto by virtue of this subchapter.

11 Del. C. 1953, § 8327; 54 Del. Laws, c. 89, § 5; 56 Del. Laws, c. 115; 69 Del. Laws, c. 154, § 3; 70 Del. Laws, c. 186, § 1.;

(a) On and after July 1, 1972, no pension which has been in effect for 3 years shall be subject to adjustment. This provision shall not apply to adjustments of pensions required to implement subsection (b) of this section.

(b) Effective September 1, 1972, the amount of any pension in effect on July 1, 1969, shall be the greater of: (1) The monthly pension rate paid in July, 1969, or (2) the recalculated amount determined as a result of audits made between May, 1971, and June 30, 1972, inclusive of any increases provided between July 1, 1969, and June 30, 1972, provided that the minimum pension payable for any month after July, 1969, shall be the monthly pension rate paid in July, 1969.

(c) Any pension overpayments discovered as a result of audits made between May, 1971, and June 30, 1972, shall not be subject to recovery.

11 Del. C. 1953, § 8328; 58 Del. Laws, c. 527, § 2.;

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. This section shall be applied retrospectively to members who withdrew from service on or after July 1, 1976.

62 Del. Laws, c. 397, § 1; 70 Del. Laws, c. 186, § 1.;

(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 § 8322 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, § 4.;

(a) Upon the death of an individual receiving a pension under this subchapter, a benefit will be paid from the Fund 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 Pension Fund and may be revised or terminated by an Act of the General Assembly.

70 Del. Laws, c. 77, § 1; 76 Del. Laws, c. 80, § 90.;

Benefits shall be due and payable under this chapter only to the extent provided in this chapter, and neither the State nor the Closed State Police Retirement Fund shall be liable for any amount in excess of such sums.

71 Del. Laws, c. 132, § 85.;

Except for orders of the Delaware Family Court for a sum certain payable on a periodic basis, the benefits provided by this chapter shall not be subject to attachment or execution and shall be payable only to the beneficiary designated and shall not be subject to assignment or transfer.

71 Del. Laws, c. 337, § 6.;

There shall be established a State Police Retirement Fund, hereinafter referred to as "Fund,'' to which state appropriations and other employer contributions shall be deposited monthly and to which employee contributions shall be deposited upon deduction from the employee's paycheck and to which earnings on investments, any other contributions, gifts, donations, grants, refunds and reimbursements shall be deposited upon receipt and from which benefits shall be paid and fees and expenses authorized by the Board shall be paid. Subject to Internal Revenue Code § 401(a)(24) [26 U.S.C. § 401(a)(24)], the assets of the Fund will be commingled in the Delaware Public Employees' Retirement System as provided for by § 8308 of this title. The assets of the Fund are held in trust and may not be used for or diverted to any purpose other than for the exclusive benefit of the employees and their beneficiaries.

76 Del. Laws, c. 279, § 9.;