Title 29, State Government

§ 5604. Definition of involuntary retirement. Retirement from the state judiciary is deemed to be involuntary if 1 of the following applies: (1) For a state judicial officer other than a Magistrate in Chancery, on expiration of the state judicial officer’s term of office, the sta…

§ 5605. Acceptance of provisions; result. (a) (1) Each new state judicial officer may accept the provisions of this chapter by 1 of the following: a. Written declaration to that effect within 30 days following the member becoming a state judicial officer. b. Through the authoriza…

§ 5606. 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…

§ 5607. Termination of pension benefits. Any state pension benefits available to a person immediately terminate on the person’s appointment to and acceptance of a position as a state judicial officer.29 Del. C. 1953, § 5608; 50 Del. Laws, c. 119, § 1; 55 Del. Laws, c. 428, § 2; 7…

§ 5608. Death benefit; withdrawal benefit. (a) Upon the death of a member, 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 the estat…

§ 5609. Relationship of judicial pensions to other pensions; social security. (a) (1) A state judicial officer, while in service as a state judicial officer, may not receive any other pension that meets all of the following: a. Is payable by this State under any law of this State…

§ 5610. Assignment of retired state judicial officers to active duty. (a) (1) Any judge retired from a statutorily created court and receiving a judicial pension may be designated by the Chief Justice of the Supreme Court to perform such judicial duties in any court where such re…

§ 5611. Adjustment of benefits under closed plan. (a) On and after July 1, 1972, no pension provided under the closed plan 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 subsecti…

§ 5612. Revised plan — Eligibility; annual pension for permanent disability. (a) A member covered by the revised plan is eligible to receive a pension if the member meets 1 of the following: (1) Has completed 12 years of service as a state judicial officer and has attained age 62…

§ 5613. Revised plan — Pension amount [For application of this section, see 79 Del. Laws, c. 315, § 10]. Subject to the provisions of paragraph (2) of this section: (1) The amount of the annual pension or disability pension payable to a member under the revised plan is the sum of…

§ 5614. Revised plan — Survivor’s pension [For application of this section, see 79 Del. Laws, c. 315, §10]. (a) On the death during service of a member covered by the revised plan, a monthly survivor’s pension must be paid to the member’s eligible survivor that is equal to 2/3 of…

§ 5615. Adjustment of benefits. Benefits provided under the revised and closed plans shall be adjusted in the same manner as benefits provided under Chapter 55 of this title.62 Del. Laws, c. 415, § 18; 63 Del. Laws, c. 443, § 1;

§ 5616. 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…

§ 5617. Increases in pensions. Any monthly service or disability pension which became effective before January 1, 1979, and is payable on July 23, 1982, and any survivor pension based on a former service or disability pension that was effective prior to January 1, 1979, shall be …

§ 5618. 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 member…

§ 5619. 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 Judiciary Retirement Fund shall be liable for any amount in excess of such sums.71 Del. Laws, c. 132, § 87;

§ 5620. Attachment and assignment of benefits. 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 designat…

§ 5621. Other post-employment benefits appropriations. Funds appropriated to implement this section shall be deposited into the OPEB Fund as established by § 5281 of this title.76 Del. Laws, c. 70, § 8;

§ 5622. Establishment of Fund. There shall be established a State Judiciary 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 de…