Title 29 — State Government

§ 5600. Definitions. For purposes of this chapter: (1) “Board” means the Board of Pension Trustees established under § 8308 of this title. (2) “Closed plan” means the eligibility and benefit pensions under this chapter in effect on June 30, 1980. (3) “Commissioner” means an indiv…

§ 5601. State Judiciary Retirement Fund; contributions; use; division of benefits into plans. (a) (1) There shall be established a State Judiciary Retirement Fund, hereinafter referred to as “Fund.” Each member who elects or who has elected the provisions of this chapter and: a. …

§ 5602. Closed plan — Requirements for pension benefits; benefits to surviving widow or widower. (a) Each member covered by the closed plan shall, upon the member’s involuntary retirement from the state judiciary after serving at least 12 years as a judge, including all years of …

§ 5603. Closed plan — Amount of pensions; method of determining. For members covered by the closed plan: (1) The amount of the annual pension shall be determined by first arriving at the retiring member’s average annual compensation during the member’s highest paid 3 years compri…

§ 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…

§ 5701. Definitions. As used in this chapter: (1) “Employee” includes an officer of a state or political subdivision thereof. (2) “Employment” means any service performed by an employee in the employ of the State, local government, housing authority or any other political subdivi…

§ 5702. Declaration of policy. (a) In order to extend to employees of the State and its political subdivisions and to the dependents and survivors of such employees the basic protection accorded to others by the old-age and survivors insurance system embodied in the Social Securi…

§ 5703. Federal-state agreement. The State Agency, with the approval of the Governor, may enter on behalf of the State into an agreement with the Federal Security Administrator, consistent with the terms and provisions of this chapter, for the purpose of extending the benefits of…

§ 5704. Interstate instrumentalities. Any instrumentality jointly created by this State and any other state or states may, upon the granting of like authority by such other state or states: (1) Enter into an agreement with the Secretary of Health, Education and Welfare whereby th…

§ 5705. Contributions by state employees. (a) Every employee of the State whose services are covered by an agreement entered into under § 5703 of this title shall be required to pay for the period of such coverage into the Contribution Fund established by § 5707 of this title con…

§ 5706. Plans for coverage of employees of political subdivisions. (a) Each political subdivision of the State may submit for approval by the State Agency a plan for extending the benefits of Title II of the Social Security Act [42 U.S.C. § 401 et seq.], in conformity with applic…

§ 5707. Contribution Fund. (a) There is established a special fund to be known as the Contribution Fund. Such Fund shall consist of and there shall be deposited in such Fund: (1) All contributions, interest and penalties collected under §§ 5705 and 5706 of this title; (2) All mon…

§ 5708. Rules and regulations. The State Agency shall make and publish such rules and regulations, not inconsistent with this chapter, as it finds necessary or appropriate to the efficient administration of the functions with which it is charged under this chapter.48 Del. Laws, c…

§ 5709. Studies and reports. The State Agency shall make studies concerning the problem of old-age and survivors’ insurance protection for employees of the state and local governments and their instrumentalities and concerning the operation of agreements made and plans approved u…

§ 5710. Referenda and certification. (a) With respect to employees of the State, the Governor is empowered to authorize a referendum, the cost of such referendum to be borne by the State, and, with respect to the employees of any political subdivision, the Governor shall authoriz…

§ 6001. Short title. This chapter may be cited as the “Disaster Service Volunteer Leave Act.”70 Del. Laws, c. 21, § 1;

§ 6001F. Definitions [For application of this section, see 84 Del. Laws, c. 407, § 2]. As used in this chapter: (1) “Flag” means a Delaware state flag. (2) a. “Law-enforcement officer” means a sworn member of a police force or other law-enforcement agency of this State or of a co…

§ 6002. Definitions. As used in this chapter, unless the context indicates a different intent: (1) “Certified disaster service volunteer” or “volunteer” means any person who has completed the necessary training for and been certified as a disaster service specialist by the Americ…

§ 6002F. Eligibility [For application of this section, see 84 Del. Laws, c. 407, § 2]. The next of kin of a deceased person is entitled to a flag if all of the following criteria are met: (1) The person has provided at least 10 years of service to this state in at least 1 of the …

§ 6003. Disaster service volunteer leave. (a) An employee of a state agency who is a certified disaster service volunteer may be granted leave from work with pay, in accordance with subsection (b) of this section below, for up to an aggregate of 15 work days, consecutively or non…

§ 6003F. Distribution [For application of this section, see 84 Del. Laws, c. 407, § 2]. On the request of a next of kin, the following entities shall provide a flag under this section: (1) The Delaware State Fire Prevention Commission, if the person served as a volunteer or paid …

§ 6051. Purpose. The purpose of this chapter is to create a vehicle through which all employees of the State may, on a voluntary basis, provide for additional retirement income security through a program of deferred compensation. The deferred compensation program provided by this…

§ 6052. Definitions. As used in this chapter: (1) “Board” shall mean the Plans Management Board pursuant to § 2722 of this title. (2) “Deferred compensation” means income earned as a public officer or employee of the State which, pursuant to a written agreement between the State …

§ 6053. Deferred Compensation Council [Repealed].60 Del. Laws, c. 146, § 1; 69 Del. Laws, c. 64, § 84; 75 Del. Laws, c. 88, § 20(6); 75 Del. Laws, c. 350, § 163; repealed by 80 Del. Laws, c. 295, § 3, eff. July. 1, 2016.;

§ 6054. Administration; reports. (a) All plans of deferred compensation which may be adopted shall provide that each participating employee will be furnished a quarterly statement of the employee’s account, on a form approved by the Board, showing at least the amount of income de…

§ 6055. Payroll deductions. The Department of Finance and the State Treasurer are authorized to make payroll deductions under this chapter pursuant to regulations adopted by the Board for any public officer or employee of the State who has authorized such deductions in writing. T…

§ 6056. Maximum amount deferrable. Any provision of this chapter notwithstanding, the maximum amount of income which any 1 employee may elect to defer after June 30, 1975, shall not exceed the limit established by the Internal Revenue Service.60 Del. Laws, c. 146, § 1; 70 Del. La…

§ 6057. Limitation on investments. The deferred compensation program may offer any of the following investment options and none other: (1) Savings accounts in federally insured banking institutions. (2) United States government bonds or debt instruments. (3) Life insurance and an…

§ 6058. Audit [Repealed].60 Del. Laws, c. 146, § 1; repealed by 80 Del. Laws, c. 295, § 3, eff. July 1, 2016.;

§ 6059. Costs [Repealed].60 Del. Laws, c. 146, § 1; 74 Del. Laws, c. 68, § 81; repealed by 80 Del. Laws, c. 295, § 3, eff. July 1, 2016.;

§ 6060. Employer Match Plan. The Board is hereby authorized and directed to establish a plan pursuant to § 401(a) of the Internal Revenue Code of 1986 (26 U.S.C. § 401(a)), as amended.72 Del. Laws, c. 488, § 2; 80 Del. Laws, c. 295, § 3;

§ 6061. Employer contribution to qualified participants [Suspended effective July 1, 2008; see 85 Del. Laws, c. 62, § 7(e)]. Commencing January 1, 2001, and each pay period thereafter, an amount equal to 100 percent of the voluntary contribution of every qualified participant, no…