Title 29, State Government

§ 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’ Pensio…

§ 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;

§ 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 tit…

§ 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;

§ 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 yea…

§ 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 o…

§ 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 memb…

§ 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. 3…

§ 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) A…

§ 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 mul…

§ 5578. Ordinary survivor’s pension. (a) Upon the death of a member in service who has 5 years of credited service, a monthly survivor’s pension shall be payable to his or her eligible survivor or survivors equal to 1/2 of the service pension for which the employee would have bee…

§ 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, inactiv…

§ 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, § …

§ 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 earlie…

§ 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 comp…

§ 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 emp…

§ 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 gain…

§ 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 othe…

§ 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 …

§ 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,…