Title 29, State Government

§ 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…

§ 5801. Short title. This subchapter shall be known and may be cited as the “State Employees’, Officers’ and Officials’ Code of Conduct.”67 Del. Laws, c. 417, § 1;

§ 5802. Legislative findings and statement of policy. The General Assembly finds and declares: (1) In our democratic form of government, the conduct of officers and employees of the State must hold the respect and confidence of the people. They must, therefore, avoid conduct whic…

§ 5803. Construction. This subchapter shall be construed to promote high standards of ethical conduct in state government.59 Del. Laws, c. 575, § 1; 67 Del. Laws, c. 417, § 1;

§ 5804. Definitions. For the purposes of this subchapter: (1) “Close relative” means a person’s parents, spouse, children (natural or adopted) and siblings of the whole and half-blood. (2) “Commission” means the State Public Integrity Commission established by this chapter. (3) “…

§ 5805. Prohibitions relating to conflicts of interest. (a) Restrictions on exercise of official authority. — (1) No state employee, state officer or honorary state official may participate on behalf of the State in the review or disposition of any matter pending before the State…

§ 5806. Code of conduct. (a) Each state employee, state officer and honorary state official shall endeavor to pursue a course of conduct which will not raise suspicion among the public that such state employee, state officer or honorary state official is engaging in acts which ar…

§ 5806A. Prohibitions on nepotism. (a) By December 1, 2024, the Department of Human Resources shall implement a policy for application to all executive branch agencies that contains the following prohibitions: (1) A state employee, state officer, or honorary state official may no…

§ 5807. Waivers of restrictions and advisory opinions. (a) Notwithstanding the provisions of §§ 5805 and 5806 of this title, upon the written request of any state agency or of any individual who is or was a state employee, state officer or honorary state official, the Commission …

§ 5808. State Public Integrity Commission; establishment, membership, offices. (a) The State Ethics Commission is hereby renamed and reestablished as the State Public Integrity Commission to assume the functions of the State Ethics Commission and to administer and implement this …

§ 5808A. Commission Counsel; powers and duties. (a) There shall be a Commission Counsel who shall be the legal representative of the Commission and have the following powers and duties: (1) To assist the Commission in preparing and publishing manuals and guides explaining the dut…

§ 5808B. Commission Counsel’s appointment contingent upon appropriations. The Commission Counsel established by § 5808A of this title shall not be appointed by the Commission until adequate funds have been appropriated for such purpose. In the absence of such appointment, the Att…

§ 5809. State Public Integrity Commission — Power and duties [Effective until Jan. 1, 2027]. The powers and duties of the Commission shall be as follows: (1) To recommend to the General Assembly from time to time such rules of conduct for public employees and officials as it shal…

§ 5810. State Public Integrity Commission — Complaints; hearings; dispositions. (a) Upon the sworn complaint of any person or on its own initiative, the Commission may refer to the Commission Counsel for investigation any alleged violations of this chapter. The Commission Counsel…

§ 5810A. Judicial review. In the event that the Commission finds that any person has violated any provision of this chapter, said person shall have a right of appeal to Superior Court of any such finding and of any sanctions imposed with respect thereto by filing a notice of appe…

§ 5811. Findings. The General Assembly finds and declares that: (1) In our democratic form of government, persons serving in state government hold positions of public trust which require rigorous adherence to the highest standards of honesty, integrity and impartiality. (2) In or…

§ 5812. Definitions. (a) “Business enterprise” means corporation, partnership, sole proprietorship or any other individual or organization carrying on a business or profession. (b) “Capital gain” means capital gains required to be reported to the Internal Revenue Service pursuant…

§ 5813. Report disclosing financial information [Effective until Jan. 1, 2027]. (a) Every public officer as defined in § 5812 of this title shall electronically file a report disclosing financial interests, as hereinafter provided. Each electronic report shall be submitted and el…

§ 5813A. Report disclosing council or board membership. (a) Every person elected to a state office or appointed to fill a vacancy in an elective state office, or who has filed as a candidate for an elective state office shall disclose in writing to the Commission, and the Commiss…