Title 11 — Crimes and Criminal Procedure

§ 8801. Definitions. As used in this chapter: (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 for serv…

§ 8802. Employment of pensioners. An individual shall not receive a service or disability pension under this chapter for any month during which the individual is an employee as defined in § 8801 of this title, unless: (1) The individual is a police officer who has retired from 1 …

§ 8803. Garnishment and assignment of benefits prohibited. 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 benefici…

§ 8804. Waiver of benefits. Any individual entitled to any benefits under this chapter may decline to accept all or any part of such benefits by a waiver signed and filed with the Board. Such waiver may be revoked in writing at any time, but no payment of the benefits waived shal…

§ 8805. Optional participation of counties and municipalities. Any county or municipality may elect to participate in the County and Municipal Police/Firefighter Pension Plan beginning July 1 of any year on or after July 1, 1984. Application to participate shall be by resolution …

§ 8806. 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, § 5;

§ 8811. Mandatory retirement. A member shall retire on the member’s mandatory retirement date as established by the employer.64 Del. Laws, c. 445, § 1; 75 Del. Laws, c. 133, § 8;

§ 8812. Retirement option. When the member applies for a pension, the member shall choose either a unified pension or an ordinary pension.64 Del. Laws, c. 445, § 1; 67 Del. Laws, c. 86, § 10; 70 Del. Laws, c. 186, § 1;

§ 8813. 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 5 years of credited service and has attained age 62; or (2) The member’s age plu…

§ 8814. Vesting rights; return to service. (a) A member who has 5 years of credited service shall have a vested right to a service pension. (b) If a member who has less than 5 years of credited service ceases to be an employee, the service credits to the date of termination shall…

§ 8815. 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/firefighter, shall be eligible for a duty-connected dis…

§ 8816. 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.64 Del. Laws, c. 445, § 1; 70 Del…

§ 8817. 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) […

§ 8818. Amount of ordinary service pension. 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 up to 20 years inclusive, plus 3.5% of final average compensation multi…

§ 8819. 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 the following: (1) The amount computed according to this chapter, exclusive of service credited under § 880…

§ 8820. Amount of duty-connected disability pension. (a) The duty-connected total disability pension shall by 75% of final average compensation plus 10% of final average compensation for each dependent during the period of dependency, not to exceed a total of 25% of final average…

§ 8821. 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…

§ 8821A. Amount of ordinary service or disability pensions [For application of this section, see 79 Del. Laws, c. 315, § 10]. (a) Notwithstanding provisions of this chapter to the contrary, an employee may elect to have his or her service or disability pension computed under this…

§ 8822. 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 his or her eligible survivor or survivors equal to 3/4 of the service pension the emp…

§ 8823. 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…

§ 8824. 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. (b) If a member has a vested right to…

§ 8825. Adjustment of benefits. (a) A pension payable under this chapter 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 employees.…

§ 8826. 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…

§§ 8827-8840. [Reserved.]

§ 8841. Member contributions. (a) Effective January 1, 2006, member contributions to the fund shall be 7% of monthly compensation. (b) An employee can repay a withdrawal benefit using a rollover distribution from: (1) A direct rollover of an eligible rollover distribution from: a…

§ 8842. Employer contributions. The contribution of the county or municipality 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 …

§ 8843. Fund established. There shall be established a County and Municipal Police/Firefighter Retirement Fund, hereinafter referred to as the “Fund,” separate and distinct from the fund established under subchapters II and III of Chapter 83 of this title, to which county or muni…

§ 8844. 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 …

§ 8845. 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 Police/Firefighter Retirement Fund shall be liable for any amount in excess of such sums.71 Del. Laws,…

§ 8846. Burial benefits. (a) After July 1, 2016, upon the death of a member under this chapter, a benefit will be paid 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 contractual obligation o…