Title 29, State Government

§ 5228. Biomarker testing [For application of this section, see 85 Del. Laws, c. 484 § 5]. (a) For purposes of this section: (1) “Biomarker” means a characteristic that is objectively measured and evaluated as an indicator of normal biological processes, pathogenic processes, or …

§ 5251. Definitions. As used in this chapter: (1) “Carrier” means the disability insurance company selected pursuant to § 5254 of this title. (2) “Committee” means the State Employee Benefits Committee as established by § 9602 of this title. (3) “Creditable compensation” means th…

§ 5252. Payment of premium or subscription charges. The State shall pay all premium or subscription charges for the full cost of providing coverage for the Disability Insurance Program.75 Del. Laws, c. 191, § 1;

§ 5253. Specifications of the coverage. (a) Participating employees shall be eligible to utilize earned sick leave for absences due to accident, illness, or injury, or parental leave, if eligible upon the birth of a child, for periods before disability benefits commence under thi…

§ 5254. Selection of the group disability insurance carrier. Disability insurance coverage pursuant to this chapter may be provided and/or administered by an insurance carrier licensed under the laws of this State. The carrier shall be selected by a vote of the Committee, and leg…

§ 5255. Disability program design and administration. The carrier selected pursuant to § 5254 of this title may determine the eligibility of a participating employee to receive short-term and/or long-term disability benefits. Such carrier shall also provide short-term and long-te…

§ 5256. Authority and duties of the State Employee Benefits Committee. The State Employee Benefits Committee established by § 9602 of this title shall have the following powers, duties and functions under this chapter: (1) Control and management of the State Employees’ Disability…

§ 5257. Return to work. (a) Once an employee has been determined to have the ability to return to employment by the Committee, the employee will receive the following assistance: (1) Merit employees may be placed in any vacant merit position, for which they qualify, by the Secret…

§ 5258. Appeals. The carrier shall notify a participating employee of its determination of the employee’s eligibility for short-term disability benefits in writing by certified mail, return receipt requested, within 10 days of the carrier’s determination. Within 90 days of the po…

§ 5259. COVID-19 emergency provision [Repealed].82 Del. Laws, c. 266, § 1; repealed by 82 Del. Laws, c. 266, § 1, effective Dec. 30, 2020.;

§ 5280. Definitions. (a) “Board” means the Board of Pension Trustees established by § 8308 of this title. (b) “OPEB Fund” means the Other Post-Employment Benefits Fund established by § 5281 of this title.76 Del. Laws, c. 70, § 1;

§ 5281. Establishment of fund. (a) There shall be established an OPEB Fund, a trust fund, separate and distinct from the funds established under §§ 5541 and 5601 of this title and § 8393 of Title 11, to which state appropriations and other employer contributions shall be deposite…

§ 5282. Management of the OPEB Fund. (a) The Board shall serve as the Board of Trustees for the OPEB Fund, shall adopt a trust agreement for the OPEB Fund (and may amend the trust agreement from time to time), shall take all actions necessary and appropriate to establish and main…

§ 5283. Actuarial valuations. (a) The actuary shall prepare an actuarial valuation of the assets and liabilities of the OPEB Fund as of June 30, each year. On the basis of reasonable actuarial assumptions and tables approved by the Board, the actuary shall determine: (1) The Stat…

§ 5290. Definitions. As used in this chapter: (1) “Carrier” means the supplemental income benefits carrier selected pursuant to § 5292 of this title. (2) “Claims loss ratio” means claims payable as a percentage of premium income, or ratio of incurred losses and loss adjustment ex…

§ 5291. Payment of premium or subscription charges. The participating employee shall pay all premium or subscription charges for the full cost of the supplemental insurance coverage policy, with no premium cost to the State.79 Del. Laws, c. 391, § 1;

§ 5292. Selection of the supplemental income benefits carrier. The carrier shall be licensed in Delaware, selected by a proper vote of the Committee, and have adequate servicing facilities to carry out the terms of the contract as awarded by the Committee. The selected carrier sh…

§ 5293. Supplemental insurance program and design. (a) The type of offered insurance shall be supplemental individual health insurance that is guaranteed renewable. This elective supplemental insurance program will entitle participating employees to receive income indemnity. Acci…

§ 5301. Early retirement option. (a) This chapter provides a 1-time early retirement option to state employees covered under Chapter 55 of this title who were employees as defined in Chapter 55 of this title between December 1, 1990, and February 1, 1991. (b) Elected officials sh…

§ 5302. Definitions. (a) “Credited service” shall mean, for any individual, service as defined in § 5501(e) of this title, except that the provisions contained in § 5501(e)(5), (8)-(11) of this title, requiring that the payment for service purchased under these subsections be mad…

§ 5303. Employment of pensioners. (a) (1) An individual shall not receive a service or disability pension under this chapter for any month during which such individual is an employee as defined in § 5302(b) of this title, nor may an individual receiving a service pension under th…

§ 5304. 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…

§ 5305. University of Delaware. For persons employed by the University of Delaware, the provisions contained in § 5505 of this title, which are in effect on February 1, 1991, shall apply to this chapter.68 Del. Laws, c. 8, § 1;

§ 5306. Eligibility for service pension. In addition to the provisions of subchapter I of this chapter, an employee shall be eligible for the early retirement option provided by this chapter beginning with the month after the employee has terminated employment, if: (1) The employ…

§ 5307. Eligibility for disability pension. In addition to the provisions of subchapter I of this chapter, an employee shall be eligible for the early retirement option provided by this chapter beginning with the month after the employee has terminated employment, if: (1) The emp…

§ 5308. Payment of service pension. Service pension payments shall be made to a retired employee for each month beginning with the month in which the retired employee becomes eligible to receive such pension and ending with the month in which the retired employee dies.68 Del. Law…

§ 5309. Payment of disability pension. (a) Disability pension payments shall be made to a retired employee for each month beginning with the month in which the retired employee becomes eligible to receive such pension and ending with the month in which the retired employee ceases…

§ 5310. Amount of service or disability pension. (a) The amount of the monthly service or disability pension payable to a former employee shall be computed in accordance with the provisions of § 5527(a)-(f) of this title except that 5 years shall be added to the former employee’s…

§ 5311. Survivor’s pension. For persons eligible for a survivor’s pension, the provisions contained in § 5528 of this title, which are in effect on February 1, 1991, shall apply to this chapter, except that an individual who has elected the early retirement option and whose death…

§ 5312. Application for benefits. The Board may require any employee, former employee or eligible survivor to furnish such information as may be required for the determination of benefits under this chapter, or to authorize the Board to procure such information including, but not…

§ 5313. Adjustment of benefits. Any pension that has been determined to have been incorrectly calculated after an individual begins receiving such pension shall be adjusted as follows: (1) If an individual’s pension is determined to be less than he or she is entitled to receive, …

§ 5314. Board of Pension Trustees. The Board of Pension Trustees, established by § 8308 of this title, shall be responsible for the general administration of this chapter in accordance with Chapter 83 of this title.68 Del. Laws, c. 8, § 1;

§ 5315. Actuarial valuations and appropriations. (a) The state appropriations to fund the benefits provided by this chapter shall be deposited monthly into the State Employees’ Retirement Fund established by § 5541 of this title. (b) The State’s appropriation to the Fund for the …

§ 5316. Group life insurance. (a) Upon the death of an individual receiving a pension under this chapter a benefit will be provided in the same manner as benefits provided under § 5546 of this title to the designated beneficiary or in the absence of a designated beneficiary the a…

§ 5401. Definitions. As used in this chapter: (1) “Authorized officer” means any official of this State or any of its departments, agencies or other instrumentalities or any of its political subdivisions whose signature to a public security or instrument of payment is required or…

§ 5402. Facsimile signature. (a) Any authorized officer, after filing with the Secretary of State a manual signature certified by the authorized officer under oath, may execute or cause to be executed with a facsimile signature in lieu of a manual signature: (1) Any public securi…

§ 5403. Use of facsimile seal. When the seal of this State or any of its departments, agencies or other instrumentalities or of any of its political subdivisions is required in the execution of a public security or instrument of payment, the authorized officer may cause the seal …

§ 5404. Violation and penalty. Any person who with intent to defraud uses on a public security or an instrument of payment: (1) A facsimile signature, or any reproduction of it, of any authorized officer; or (2) Any facsimile seal, or any reproduction of it, of this State or any …

§ 5405. Uniformity of interpretation. This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.29 Del. C. 1953, § 5805; 58 Del. Laws, c. 57.;

§ 5406. Short title. This chapter may be cited as the “Uniform Facsimile Signature of Public Officials Act.”29 Del. C. 1953, § 5806; 58 Del. Laws, c. 57.;

§ 5501. Definitions. (a) “Approved medical leave” means a leave of absence from covered state employment, without pay, for a definite period of time, authorized by the head of the employee’s department or agency, and necessitated by the employee’s mental and/or physical condition…

§ 5502. Employment of pensioners. (a) An individual may not receive a service or disability pension under this chapter for any month during which the individual is an employee unless the individual is any of the following and eligible under paragraph (d)(1) of this section: (1) A…

§ 5503. Attachment and assignment of benefits. Except for orders of the Delaware Family Court for a sum certain payable on a periodic basis or for benefits payable under § 5546 of this title, the benefits provided by this chapter shall not be subject to attachment or execution an…

§ 5504. 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…

§ 5505. University of Delaware. Any sections of this chapter to the contrary notwithstanding: (1) The term “employee” as used in this chapter shall exclude all designated faculty and designated professional staff of the University of Delaware who are first employed by the Univers…

§ 5519. Disability insurance option. (a) An employee who, as of January 1, 2006, has fewer than 5 years of credited service, will be ineligible for disability pension coverage under § 5524 of this title and shall be covered under the Disability Insurance Program under Chapter 52A…