Title 29, State Government

§ 5505. University of Delaware. Any sections of this chapter to the contrary notwithstanding: (1) The term “employee” as used in this chapter shall exclude all designated faculty and designated professional staff of the University of Delaware who are first employed by the Univers…

§ 5519. Disability insurance option. (a) An employee who, as of January 1, 2006, has fewer than 5 years of credited service, will be ineligible for disability pension coverage under § 5524 of this title and shall be covered under the Disability Insurance Program under Chapter 52A…

§ 5520. Retirement option. When an employee applies for a pension, he or she shall choose either a unified pension or an ordinary pension.67 Del. Laws, c. 86, § 5; 70 Del. Laws, c. 186, § 1;

§ 5521. 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: (1) The amount computed according to this chapter exclusive of service credited under § 5501(e)(14) of thi…

§ 5522. Eligibility for service pension. (a) An employee is eligible to receive a service pension, beginning with the month after the employee has terminated employment, if any of the following apply: (1) The employee has 5 years of credited service, exclusive of service credited…

§ 5523. Vested right to service pension. (a) An employee who is not a post-2011 employee and who has 5 years of credited service exclusive of service under § 5501(e)(4), (5) and (12) of this title shall have a vested right to a pension. A post-2011 employee who has 10 years of cr…

§ 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…

§ 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…

§ 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…

§ 5527. Amount of ordinary service or disability pension [For application of this section, see 79 Del. Laws, c. 315, § 10]. (a) (1) The amount of the monthly service or disability pension payable to an employee or former employee shall be the sum of 2.0% of the employee’s final a…

§ 5528. Ordinary survivor’s pension [For application of this section, see 79 Del. Laws, c. 315, § 10]. (a) (1) Upon the death of an employee who has 5 years of credited service, exclusive of service credited under § 5501(e)(4), (5) and (12) of this title, a monthly survivor’s pen…

§ 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 t…

§ 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,…

§ 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 earlie…

§ 5532. Increases in pensions. (a) Any monthly service or disability pension which became effective on or before January 1, 1993, and is payable on the date this subsection is enacted into law and any survivor pension based on a former service or disability pension that was effec…

§ 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;…

§ 5534. Corrections officers [Repealed]. Repealed by 63 Del. Laws, c. 452, § 1, effective July 23, 1982.

§ 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 d…

§ 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,…

§ 5543. Employee contributions. (a) (1) Effective January 1, 1998, employee contributions to the Fund shall be 3% of total annual compensation in excess of $6,000 provided, however, that post-2011 employees will pay an employee contribution rate of 5% of total annual compensation…

§ 5544. Actuarial valuations and appropriations. (a) The actuary shall prepare an actuarial valuation of the assets and liabilities of the funds as of June 30, each year. On the basis of reasonable actuarial assumptions and tables approved by the Board, the actuary shall determin…

§ 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…

§ 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 pen…

§ 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 emplo…

§ 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 …

§ 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;

§ 5550. Establishment of Post Retirement Health Insurance Premium Fund [Repealed]. Repealed by 76 Del. Laws, c. 70, § 6, effective July 1, 2007.