TITLE 29

State Government

Public Officers and Employees

CHAPTER 53. EARLY RETIREMENT OPTION FOR STATE EMPLOYEES

Subchapter II. Eligibility Provisions


In addition to the provisions of subchapter I of this chapter, an employee shall be eligible for the early retirement option provided by this chapter beginning with the month after the employee has terminated employment, if:

(1) The employee has 15 years of credited service under this chapter as of June 30, 1991, exclusive of service credited under § 5501(e)(4), (5) and (12) of this title, and shall have attained age 50 on or before June 30, 1991; or

(2) The employee has 25 years of credited service under this chapter as of June 30, 1991, exclusive of service credited under § 5501(e)(4), (5) and (12) of this title, regardless of age.

68 Del. Laws, c. 8, § 1; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 174, § 1.;

In addition to the provisions of subchapter I of this chapter, an employee shall be eligible for the early retirement option provided by this chapter beginning with the month after the employee has terminated employment, if:

(1) The employee has 15 years of credited service under this chapter as of June 30, 1991, exclusive of service credited under § 5501(e)(4), (5) and (12) of this title, and shall have attained age 50 on or before June 30, 1991; or

(2) The employee has 25 years of credited service under this chapter as of June 30, 1991, exclusive of service credited under § 5501(e)(4), (5) and (12) of this title, regardless of age.

(3) In addition to meeting the credited service and age requirements contained in paragraphs (1) and (2) of this section, an employee must meet the requirements for a disability pension contained in § 5524 of this title, and the employee's termination from employment shall be governed by § 5524(b) of this title.

68 Del. Laws, c. 8, § 1; 70 Del. Laws, c. 186, § 1; 79 Del. Laws, c. 174, § 1.;

Service pension payments shall be made to a retired employee for each month beginning with the month in which the retired employee becomes eligible to receive such pension and ending with the month in which the retired employee dies.

68 Del. Laws, c. 8, § 1; 70 Del. Laws, c. 186, § 1.;

(a) Disability pension payments shall be made to a retired employee for each month beginning with the month in which the retired employee becomes eligible to receive such pension and ending with the month in which the retired employee ceases to be eligible or dies.

(b) Any disability pensioner who has not attained age 60 shall report to the Board by April 30 each year, in a form prescribed by the Board, the pensioner's total earnings from any gainful occupation or business in the preceding calendar year. One twelfth of the excess of such earnings over one half of the annual rate of compensation received by the pensioner before he or she became disabled shall be deducted from the pensioner's disability pension during each of the 12 months beginning in July of the year following the calendar year for which earnings are reported. If any person received a disability pension for less than 12 months in the calendar year for which earnings are reported, the deduction, if any, shall be determined on a pro rata basis.

(c) Termination of a disability pension on account of recovery from disability shall not prejudice the right of the pensioner to qualify subsequently for a service pension or another disability pension.

68 Del. Laws, c. 8, § 1; 70 Del. Laws, c. 186, § 1.;

(a) The amount of the monthly service or disability pension payable to a former employee shall be computed in accordance with the provisions of § 5527(a)-(f) of this title except that 5 years shall be added to the former employee's credited service for purposes of calculating the amount of the monthly pension.

(b) The amount of monthly pension payable to a former employee for the first 3 months of retirement shall be double the amount calculated in subsection (a) of this section, but in no case shall such amount exceed 100% of the former employee's final compensation in the last month of actual employment. Thereafter, the monthly pension payable shall be the amount calculated pursuant to subsection (a) of this section.

(c) Individuals eligible for the early retirement option and whose pensions are effective prior to the dates specified in § 5301(d) of this title shall have their pensions computed in accordance with the provisions of § 5527(a)-(f) of this title without taking into consideration subsections (a) and (b) of this section until such time as they would have terminated in accordance with § 5301(d) of this title. Then, beginning with the month that their pensions would have been effective had they terminated in accordance with § 5301(d) of this title, their pensions shall be adjusted in accordance with subsections (a) and (b) of this section.

68 Del. Laws, c. 8, § 1; 70 Del. Laws, c. 186, § 1.;

For persons eligible for a survivor's pension, the provisions contained in § 5528 of this title, which are in effect on February 1, 1991, shall apply to this chapter, except that an individual who has elected the early retirement option and whose death occurs prior to the date specified in § 5301(d) of this title, shall have his or her pension computed in accordance with the provisions of § 5310(c) of this title, and the eligible survivor or survivors shall receive a survivor's pension equal to three fourths of the service pension for which the employee would have been eligible.

68 Del. Laws, c. 8, § 1.;

The Board may require any employee, former employee or eligible survivor to furnish such information as may be required for the determination of benefits under this chapter, or to authorize the Board to procure such information including, but not limited to, information regarding benefits pursuant to the federal Social Security Act [42 U.S.C. § 301 et seq.]. The Board may withhold payment of any pension under this chapter whenever the determination of such pension is dependent upon such information and the employee, former employee or eligible survivor does not cooperate in the furnishing or procuring thereof.

68 Del. Laws, c. 8, § 1.;

Any pension that has been determined to have been incorrectly calculated after an individual begins receiving such pension shall be adjusted as follows:

(1) If an individual's pension is determined to be less than he or she is entitled to receive, it will be adjusted retroactively to the effective date of the pension.

(2) If an individual's pension is determined to be more than he or she is entitled to receive, it will be adjusted prospectively only.

(3) In no case shall a pension awarded under this chapter which has been in effect for 1 year be subject to reduction.

68 Del. Laws, c. 8, § 1.;

The Board of Pension Trustees, established by § 8308 of this title, shall be responsible for the general administration of this chapter in accordance with Chapter 83 of this title.

68 Del. Laws, c. 8, § 1.;

(a) The state appropriations to fund the benefits provided by this chapter shall be deposited monthly into the State Employees' Retirement Fund established by § 5541 of this title.

(b) The State's appropriation to the Fund for the fiscal year 1991-92, and for each fiscal year thereafter, shall be the percentage of covered payroll approved by the Board on the basis of the actuarial valuation as of June 30, 1991, and shall be the payment required to amortize the added unfunded accrued liability over 24 years from July 1, 1991. The amortization payment shall be an amount computed as a level percentage of the prospective total covered payroll to be determined on the basis of a growth rate of 4% per year, compounded annually.

68 Del. Laws, c. 8, § 1.;

(a) Upon the death of an individual receiving a pension under this chapter a benefit will be provided in the same manner as benefits provided under § 5546 of this title to the designated beneficiary or in the absence of a designated beneficiary the amount of this benefit shall be paid to the deceased pensioner's estate.

(b) The benefit granted under this section shall not be construed as a contractual obligation of the State or of the Pension Fund and may be revised or terminated by an act of the General Assembly.

68 Del. Laws, c. 8, § 1; 68 Del. Laws, c. 290, § 60; 69 Del. Laws, c. 451, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 169, § 1; 73 Del. Laws, c. 146, § 4.;

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