Title 11, Crimes and Criminal Procedure

§ 8305. State Police stations; location, staff and equipment. The Department shall establish and maintain at least 5 State Police stations in the State, 1 of which shall be located at Penny Hill, New Castle County, 1 of which shall be located at or near the intersection of Routes…

§ 8306. Work week. The regular work week of all members of the State Police appointed by the Department shall consist of a 5-day, 40-hour week, except at such times as the Department, acting upon the specific recommendation of the Superintendent of State Police, may declare a lon…

§ 8307. Disposition of lost or stolen property or money. (a) Whenever any personal property of any kind, except money, comes into the custody of the State Police and the person entitled to possession of the same cannot be located and fails to claim the same for a period of 1 year…

§ 8308. Crime Reduction Fund. (a) The Superintendent of the State Police is authorized to administer a fund to be known as the “Crime Reduction Fund.” (b) Expenses for the administration of this Fund shall be paid by the State Treasurer out of funds of the General Fund, not other…

§ 8322. Police Retirement Fund. 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…

§ 8323. Eligibility for pensions; employment of pension beneficiaries by the State; exceptions. (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 …

§ 8324. Eligibility of permanently injured; retirement for injury or disease. 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 dutie…

§ 8325. Eligibility of dependents. 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 s…

§ 8326. Nonoccupational disability pension; eligibility. 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 membe…

§ 8327. Limitations on pension benefits. 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,…

§ 8328. 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. This provision shall not apply to adjustments of pensions required to implement subsection (b) of this section. (b) Effective September 1…

§ 8329. Withdrawal of pension contributions. 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…

§ 8330. 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…

§ 8331. Burial benefits. (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 co…

§ 8332. 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 Closed State Police Retirement Fund shall be liable for any amount in excess of such sums.71 Del. Laws, c. 132, § 85;

§ 8333. 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…

§ 8334. Establishment of Fund. 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 deduc…

§ 8351. Definitions. For purposes of this subchapter: (1) “Board” shall mean the Board of Pension Trustees established by § 8308 of Title 29. (2) “Compensation” shall mean all salary or wages, excluding overtime payments and special payments for extra duties, payable to a member …

§ 8352. Employment of pensioners. An individual shall not receive a pension under this subchapter for any month during which the individual is an employee, as defined in § 8351(5) of this title or § 5501 of Title 29, unless the individual is: (1) An official elected by popular vo…

§ 8353. 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…

§ 8354. Powers and duties of the Board. The Board shall have the power and duty to appoint an Executive Secretary who shall be responsible for determining the eligibility for retirement pension benefits under this chapter.82 Del. Laws, c. 87, § 2;

§ 8361. Mandatory retirement. A member may retire after accumulating 20 years of credited service as defined in § 8351(3)a. of this title, or shall be retired upon reaching the age of 55 years.62 Del. Laws, c. 361, § 1; 66 Del. Laws, c. 192, § 2; 72 Del. Laws, c. 483, § 2;

§ 8362. Retirement option. When the member applies for a pension, the member shall choose either a unified pension or an ordinary pension.62 Del. Laws, c. 361, § 1; 67 Del. Laws, c. 86, § 9; 70 Del. Laws, c. 186, § 1;

§ 8363. Eligibility for service pension. (a) A member shall become eligible to receive a service pension, after the member has terminated employment, beginning with the month when: (1) The member has 10 years of credited service, and has attained age 62; or (2) The member’s age p…

§ 8364. Vested rights; cancellation of service credits. (a) A member who has 10 years of credited service shall have a vested right to a service pension. (b) If a member who has less than 10 years of credited service ceases to be an employee, the member’s service credits to the d…

§ 8365. Eligibility for disability pension. (a) A member who suffers a partial or total disability resulting from an individual and specific act the type of which would normally occur only while employed as a police officer shall be eligible for a duty-connected disability pensio…

§ 8366. Payment of service pension. Service pension payments shall be made to a retired 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 dies.62 Del. Laws, c. 361, § 1; 70 Del…

§ 8367. 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) […

§ 8368. Amount of ordinary service pension [For application of this section, see 79 Del. Laws, c. 315, § 10]. (a) The amount of the monthly ordinary service pension payable to a retired member shall be the sum of 2.5% of final average compensation multiplied by years of service u…

§ 8369. 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 subchapter III of this chapter, exclusive of service credited under §…

§ 8370. Amount of duty-connected disability pension. (a) The duty-connected total disability pension shall be 75% of compensation plus 10% of compensation for each dependent during the period of dependency, not to exceed a total of 25% of compensation for all dependents. (b) The …

§ 8371. Amount of ordinary disability pension. The ordinary disability pension shall be computed in the same manner as the service pension based on credited service accrued to the date of disability, subject to the following: (1) In the case of total disability, the minimum pensi…

§ 8372. Ordinary survivor’s pension [For application of this section, see 79 Del. Laws, c. 315, § 10]. (a) Upon the death of a member in service, a monthly survivor’s pension shall be payable to the primary survivor equal to 1/2 of the member’s compensation. (b) Upon the death of…

§ 8373. 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…

§ 8374. Withdrawal benefit. (a) The accumulated contributions with interest of a member who is neither eligible for a service nor disability pension, nor has a vested right to a service pension, shall be refunded upon withdrawal from service. There shall be a rebuttable presumpti…

§ 8375. Adjustment of benefits. (a) A pension payable under this subchapter shall be adjusted no less liberally than adjustments made for pensions payable under the State Employees’ Pension Plan, taking into account adjustments to Social Security benefits payable to state employe…

§ 8376. 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…

§ 8377. Dual membership prohibited. No member covered by this subchapter may be covered by subchapter II of this chapter.62 Del. Laws, c. 361, § 1;

§ 8391. Member contributions. Effective January 1, 2001, member contributions to the Fund shall be 7% of monthly compensation. Effective July 1, 1997, employee pension contributions made pursuant to this section shall not be subject to adjustment or recovery after the expiration …

§ 8392. 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…

§ 8393. Establishment of Fund. There shall be established a State Police Retirement Fund, hereinafter referred to as the “Fund,” separate and distinct from the Fund established under subchapter II of this chapter, to which state appropriations and other employer contributions sha…

§ 8394. 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 …

§ 8395. Burial benefits. (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 co…

§ 8396. 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 New State Police Retirement Fund shall be liable for any amount in excess of such sums.71 Del. Laws, c. 132, § 86;

§ 8397. Other post-employment benefits appropriations. Funds appropriated to implement this section shall be deposited into the OPEB Fund as established by § 5281 of Title 29.76 Del. Laws, c. 70, § 9;