Pensions for State Judicial Officers

Del. Code tit. 29, ch. 56

in effect

Del. Code tit. 29, § 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 individual appointed under § 511, § 915, or § 1315 of Title 10. (4) “Final average compensation” means the member’s average annual compensation during the member’s highest paid 3 years, comprised of 3 periods of 12 consecutive months, for service as a state judicial officer, or the average annual compensation during the period of the member’s service as a state judicial officer if such period is less than 3 years. (5) “Magistrate in Chancery” means an attorney designated by, and serving at the pleasure of, the Chancellor of the Court of Chancery on a full-time basis. (6) “Member” means a state judicial officer who accepts the provisions of this chapter. (7) “Service” means all of the following: a. Employment as a state judicial officer. b. Years of service as an “employee” as defined in § 5501(f)(1), (f)(2), and (f)(3) of this title, excluding service as an elected official. It does not include service for which the employee has received the refund provided by § 5523(b) of this title, unless such refund is first repaid with interest at a rate determined by the Board. c. Employment with the Municipal Court for the City of Wilmington prior to January 1998 if the individual is subsequently employed as a state judicial officer. An individual may receive credit for such previous service upon payment to the Fund, on or before the date of issuance of the individual’s first benefit check or not later than March 23, 2003 (whichever is later), of a single lump sum payment equal to the actuarial value of the pension benefits to be derived from such service credits computed on the basis of actuarial assumptions approved by the Board and the individual’s attained age and final average compensation. (8) “State judicial officer” means an individual who is appointed to the Delaware state judiciary. (9) “State judiciary” means the officers listed in § 2 of Article IV of the Delaware Constitution and any other officer for whom all of the following apply: a. Is appointed by 1 of the following methods: 1. By the Governor with confirmation by the Senate, as prescribed under Article IV of the Delaware Constitution. 2. As prescribed by §§ 511, 915, and 1315 of Title 10, for a Commissioner. 3. By the Chancellor of the Court of Chancery, for a Magistrate in Chancery. b. Receives the officer’s entire remuneration as a state judicial officer in the form of a salary paid by this State. c. Is by law during this tenure of office either prohibited from practicing law, or else prohibited from engaging in any other gainful occupation.

Del. Code tit. 29, § 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. Who was first appointed to the state judiciary before July 1, 1980, and is a member covered by the closed plan, shall contribute $500 to the Fund each year for the first 25 years of service; or b. Who is a member covered by the revised plan before February 9, 2025, shall contribute to the Fund each year for the first 24 years of service an amount equal to 3% of annual compensation in excess of $6,000 up to the Social Security wage base, and 5% of total compensation in excess of the Social Security wage base. Total compensation during any calendar year in excess of $6,000 may not be exempt from contributions; or c. Who is a member first covered by the revised plan on or after February 9, 2025, other than an individual who first becomes a member under § 5605(e)(2)b. of this title, shall contribute to the Fund each year for the first 24 years of service an amount equal to 5% of annual compensation in excess of $6,000 up to the Social Security wage base, and 5% of total compensation in excess of the Social Security wage base. Total compensation during any calendar year in excess of $6,000 may not be exempt from contributions. (2) Effective July 1, 1997, employee pension contributions made under this section are not subject to adjustment or recovery after the expiration of 3 full calendar years from December 31 of the year in which the contributions were made unless no contributions were paid during that calendar year. (b) The Board of Pension Trustees shall invest and accumulate the contributions made to the Fund and shall pay all pensions under this chapter from the Fund. If at any time there shall be insufficient money in the Fund for the purposes of this chapter, the Secretary of Finance shall transfer funds from the General Fund to make up any such deficiency. Subject to Internal Revenue Code § 401(a)(24) [26 U.S.C. § 401(a)(24)], the assets of the Fund will be commingled in the Delaware Public Employees’ Retirement System as provided for by § 8308 of this title. The assets of the Fund are held in trust and may not be used for or diverted to any purpose other than for the exclusive benefit of the employees and their beneficiaries. (c) The benefit provisions of this chapter are divided into 2 plans, the closed plan and the revised plan. Members of the state judiciary first appointed before July 1, 1980, who do not elect, as provided in § 5605 of this title, to accept the revised plan are members covered by the closed plan even through reappointments to the state judiciary. All other state judicial officers who accept the provisions of this chapter, as provided in § 5605 of this title, are members covered by the revised plan.

Del. Code tit. 29, § 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 judicial service in Delaware of the retiring judge both prior and subsequent to the member becoming a member of the state judiciary and both prior and subsequent to the member filing a declaration of acceptance of the provisions of this chapter in accordance with § 5605 of this title, receive an annual pension from the State, payable to the member in equal monthly installments, commencing when the member has attained the age of 65 years, or commencing upon involuntary retirement in case the member has reached the age of 65 years prior to such retirement, and continuing during the remainder of the member’s lifetime. (b) Each member covered by the closed plan shall, upon the member’s retirement from the state judiciary, whether voluntary or involuntary, after serving at least 24 years as a judge or who is involuntarily retired after having served 22 years as a judge, including all years of judicial service in Delaware of the retiring judge both prior and subsequent to the member becoming a member of the state judiciary and both prior and subsequent to the member filing a declaration of acceptance of this chapter in accordance with § 5605 of this title, or after having reached the age of 65 years and having served at least 12 years as a judge, receive an annual pension from the State, payable to the member in equal monthly installments, commencing upon the date of retirement and continuing during the remainder of the member’s lifetime. (c) If a member of the state judiciary shall develop a permanent physical or mental disability, while in office, the member shall, from and after the ascertainment of such disability in the manner hereafter set forth, receive an annual pension from the State, payable in equal monthly installments during the remainder of the member’s lifetime. A member of the state judiciary may be deemed to have a permanent physical or mental disability and unable to perform the duties of the member’s office after the Board of Pension Trustees have considered a certificate to that effect signed by the Chief Justice of the Supreme Court or, if the Chief Justice shall be the subject of such certificate, by the senior Justice of the Supreme Court and by 3 persons duly licensed to practice medicine or surgery in this State and who have been actively engaged in such practice in this State for at least 10 years immediately preceding the signing of such certificate; said 3 persons to be previously designated by the Trustees. (d) Whenever a member covered by the closed plan shall die while in office or shall die after retirement on a pension payable under this chapter or shall die during a period of involuntary retirement after having served at least 12 years as a judge but before having reached the age of 65, an annual pension shall be paid in the following contingencies: (1) If such judge is survived by a widow or widower but not by a dependent child, there shall be paid to such widow or widower an annual pension as long as the widow or widower lives and remains unmarried; or (2) If such judge is survived by a widow or widower and a dependent child or children, there shall be paid to such widow or widower an annual pension as long as the widow or widower lives and remains unmarried, but if the widow or widower should die or remarry before the last of the said dependent children shall become independent as provided in this section or shall die, whichever first occurs, the said annual pension which would have been payable to the widow or widower but for the widow’s or widower’s death or remarriage shall be divided into as many shares as there are dependent children then surviving and a said share shall be paid to or on behalf of each child annually until the child becomes independent or dies, whichever first occurs; or (3) If such judge leaves no surviving widow or widower but leaves a surviving dependent child or children, the annual pension which would otherwise be paid to a surviving widow or widower shall be divided into as many shares as there are dependent children then surviving, and a said share shall be paid to or on behalf of each child annually until the said child becomes independent or dies, whichever first occurs. As used in this section, the term “dependent child” means an unmarried child, including stepchild or an adopted child, who is under the age of 18 years. (e) For the purpose of computing service under this chapter, a judge shall be deemed to commence serving as a judge on the date the judge’s commission is issued by the Governor. (f) [Repealed.]

Del. Code tit. 29, § 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 comprised of 3 periods of 12 consecutive months for the member’s services as a judge or, in the event a judge becomes entitled to a pension prior to having served 3 years as a judge, then the average annual compensation during the member’s entire term for the member’s services as a judge and multiplying the average annual compensation so computed by 3% and then multiplying the product thus obtained by the total number of years of service as a judge (including fractions of years), including all years of service of the retiring judge both prior and subsequent to becoming a member of the state judiciary and both prior and subsequent to filing a declaration of acceptance of the provisions of this chapter in accordance with § 5605 of this title. (2) a. Anything to the contrary in this subsection notwithstanding, the maximum pension which a retired judge shall receive is 3 / 4 of the average annual compensation during the retired judge’s highest paid 3 years comprised of 3 periods of 12 consecutive months. Anything to the contrary in this subsection notwithstanding, the minimum pension which a retired judge shall receive is 1 / 2 of the retired judge’s average annual compensation during the judge’s highest paid 3 years comprised of 3 periods of 12 consecutive months, or, in the event a judge retires before the judge has served 3 years as a judge, then one half the average annual compensation during such retired judge’s entire term of service. b. Anything to the contrary in this section notwithstanding, the pension of a retired judge who has served more than 25 years and who retires between January 1, 1988, and December 31, 1989, shall be three fourths of his or her average annual compensation to be computed based on a period equal to the retired judge’s highest paid 60 consecutive months reduced by 1 month for each month of service as a judge in excess of 25 years up to a maximum reduction of 24 months. In no case shall a retired judge’s average annual compensation as calculated under this paragraph be based on a period of less than 36 months. (3) The amount of the annual pension paid to any widow or dependent children of a deceased member of the state judiciary shall be an amount equal to 2 / 3 of the annual pension such member of the state judiciary, if the member dies while in office, would have been entitled to receive if the member had retired for disability on the day of the member’s death or shall be an amount equal to 2 / 3 of the pension of the deceased member of the state judiciary if the member died after having retired on pension. The amount of an annual pension paid to any widow or dependent children of a deceased member of the state judiciary who shall die during a period of involuntary retirement after having served at least 12 years as a judge, but before having reached age 65, shall be an amount equal to 2 / 3 of the annual pension such member of the state judiciary would have been entitled to receive if the member had lived to the age of 65. Such pensions shall be paid in equal monthly installments.

Del. Code tit. 29, § 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 state judicial officer is not reappointed and confirmed, unless the state judicial officer declines reappointment. (2) For a Magistrate in Chancery, the Magistrate in Chancery fails to continue to serve at the pleasure of the Chancellor, unless the Magistrate in Chancery declines to continue to serve at the pleasure of the Chancellor.

Del. Code tit. 29, § 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 authorization by the member to permit deductions for the contributions provided in § 5601 of this title. (2) a. The declaration of acceptance under paragraph (a)(1)a. of this section must be filed with the Secretary of State. If the member accepts the provisions of this chapter through authorization of deductions for contributions under paragraph (a)(1)b. of this section, the member shall thereafter file a written declaration with the Secretary of State. b. On filing of a declaration of acceptance by a state judicial officer or on authorization of deductions for contributions, whichever first occurs, the benefits of this chapter are available to the state judicial officer. c. A declaration of acceptance, or authorization of deductions for the contributions provided in § 5601 of this title, by a member first appointed on or after July 1, 1980, covers the member under the revised plan. (b) A member first appointed before July 1, 1980, may elect to be covered by the revised plan by filing a declaration of acceptance with the Secretary of State. Except as provided under subsection (e) of this section, a member first appointed on or after July 1, 1980, is required to participate in the revised plan as a condition of employment and is not required to file a written declaration or authorization of deductions. (c) Any declaration of acceptance of this chapter or authorization of deductions for the contributions provided in § 5601 of this title as provided in subsection (a) of this section constitutes an authorization and direction by the state judicial officer making the declaration or authorization that if a certificate of permanent physical or mental disability of the state judicial officer is filed under § 5602(c) or § 5612(c) of this title, the certificate constitutes, without any further act by the state judicial officer, a resignation by the state judicial officer, effective immediately after the filing of the certificate. (d) A declaration of acceptance filed or authorization of deductions for contributions made under this section is irrevocable. (e) (1) A Justice of the Peace, Commissioner, or Magistrate in Chancery who first qualifies for the State Judicial Pension plan on February 9, 2025, may, under § 4 of Article XV of the Delaware Constitution, decline participation in the State Judicial Pension Plan and remain in the State Employee’s Pension Plan. (2) a. A Justice of the Peace, Commissioner, or Magistrate in Chancery who exercises the right under paragraph (e)(1) of this section to decline participation in the State Judicial Pension Plan must do so in writing to the Board by a date and in a manner determined by the Pension Administrator. b. A Justice of the Peace, Commissioner, or Magistrate in Chancery who first qualifies for the State Judicial Pension plan on February 9, 2025, and who opts to participate in the State Judicial Pension Plan or does not decline participation under paragraph (e)(2)a. of this section shall contribute to the Fund each year for the first 24 years of service after joining the State Judicial Pension Plan at the rate applicable to the Justice of the Peace’s, Commissioner’s, or Magistrate in Chancery’s prior participation in the State Employee’s Pension Plan. c. A member of the state judiciary first covered by the State Judicial Pension Plan under paragraph (e)(2)b. of this section who is subsequently appointed to a different position within the state judiciary shall thereafter contribute for the remaining 24 years of service an amount equal to 5% of annual compensation in excess of $6,000 up to the Social Security wage base, and 5% of total compensation in excess of the Social Security wage base. (3) The exercise of the right under paragraph (e)(1) of this section is irrevocable. (4) A Justice of the Peace, Commissioner, or Magistrate in Chancery who first qualifies for the State Judicial Pension Plan on February 9, 2025, and is covered by the State Judicial Pension Plan is entitled to a payout for accrued annual leave in incremental payments over a 5-year period, with the first payout to be completed by February 9, 2026. If termination of state service occurs before receiving the full accrued payout, the outstanding amount must be paid on termination.

Del. Code tit. 29, § 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 earlier than second month preceding the date on which the application for such benefit is filed. (b) The Board may require any member 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 limited to, information regarding benefits pursuant to the Federal Social Security Act [42 U.S.C. § 301 et seq.]. The Board may withhold payment of any pension under this chapter whenever the determination of such pension is dependent upon such information and the member or eligible survivor does not cooperate in the furnishing or procuring thereof. (c) Upon receipt of any form pursuant to subsection (a) of this section, the Board shall consider the retirement and if they find that benefits are due under this chapter they shall notify the State Treasurer who shall make payments of benefits under this chapter out of the State Judiciary Retirement Fund or out of funds transferred for the purpose from the General Fund, as provided in § 5601 of this title. (d) A service pension, disability pension, or survivor’s pension applied for under this act may be paid into a Miller Trust Bank account, pursuant to the creation of an irrevocable income assignment trust (“Miller Trust”), established on behalf of an eligible pensioner or survivor covered under this chapter who is a person with disabilities, so long as the Miller Trust is established consistent with the laws of the State of Delaware, the laws of the United States and in accordance with the rules and regulations of the local and federal agencies responsible for administering assistance programs for persons with disabilities.

Del. Code tit. 29, § 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.

Del. Code tit. 29, § 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 estate of the member, a lump sum equal to the excess, if any, of the accumulated member contributions over the aggregate of all pension payments made. Such contributions shall exclude interest for members covered by the closed plan, and include interest for members covered by the revised plan. (b) Upon the withdrawal from service of a member who is not eligible for a service or disability pension, his or her accumulated contributions without interest if covered by the closed plan, or with interest if covered by the revised plan, shall be paid to him or her.

Del. Code tit. 29, § 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. b. For which the state judicial officer would otherwise be eligible because of the state judicial officer’s prior service as an employee, officer, or elected or appointed official. (2) On the state judicial officer’s retirement or death, the state judicial officer or the person entitled to survivor’s benefits provided under this chapter is entitled to receive the pension benefits provided under this chapter as well as any other pension benefits for which the state judicial officer or the person entitled to survivor’s benefits is eligible under any other pension plan payable by this State. (b) [Repealed.] (c) Nothing contained in this chapter prevents a state judicial officer from participating on the same basis as other state employees in the social security program except that federal Social Security payments to which a state judicial officer may become entitled may not be deducted from any pension payments made under this chapter.

Del. Code tit. 29, § 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 retired judge could serve if such retired judge still held the judicial position from which the judge retired; provided, however, that such retired judge assents to such designation and provided further that such retired judge is not actively engaged in the practice of law. (2) Any justice, judge, chancellor or vice chancellor who is retired and receiving a judicial pension may be designated by the Chief Justice of the Supreme Court pursuant to a constitutional or statutory authority to sit temporarily in the court from which the justice, judge, chancellor or vice chancellor retired or in any other court to which the justice, judge, chancellor or vice chancellor could be designated under the Constitution and statutes of this State if the justice, judge, chancellor or vice chancellor still held the judicial position from which the justice, judge, chancellor or vice chancellor retired and if the retired justice, judge, chancellor or vice chancellor assents to such designation, and is not actively engaged in the practice of law. However, no former justice, judge, chancellor or vice chancellor shall be designated to sit in the Supreme Court except temporarily to fill up the number of that Court to the required quorum. (b) Any retired justice, judge, chancellor or vice chancellor accepting an active duty designation pursuant to the constitutional or statutory authorization shall be compensated on a per diem basis on the formula representing 1 / 365 of the annual salary for such a retired justice, judge, chancellor or vice chancellor, but in no event shall the total compensation received on a per diem basis when added to the retirement pay exceed the then current annual salary of the judicial position from which such justice, judge, chancellor or vice chancellor has retired. In addition, each retired justice, judge, chancellor or vice chancellor so serving shall receive reimbursement for expenses for travel or secretarial services necessarily incurred for the performance of such active duty. (c) A Justice of the Peace or Commissioner who is retired and receiving a judicial pension can be designated to serve temporarily as provided under the following: (1) Section 9211 of Title 10, for a Justice of the Peace. (2) Section 513 of Title 10, for a Superior Court Commissioner. (3) Section 916 of Title 10, for a Family Court Commissioner. (4) Section 1316A of Title 10, for a Court of Common Pleas Commissioner.

Del. Code tit. 29, § 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 subsection (b) of this section. (b) Effective September 1, 1972, the amount of any pension in effect on July 1, 1969, shall be the greater of: (1) The monthly pension rate paid in July, 1969, or (2) the recalculated amount determined as a result of audits made between May, 1971, and June 30, 1972, inclusive of any increases provided between July 1, 1969, and June 30, 1972, provided that the minimum pension payable for any month after July, 1969, shall be the monthly pension rate paid in July, 1969. (c) Any pension overpayments discovered as a result of audits made between May, 1971, and June 30, 1972, shall not be subject to recovery.

Del. Code tit. 29, § 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. (2) Has completed 24 years of service. (3) Has been involuntarily retired after having served 22 years as a state judicial officer. (b) A member covered by the revised plan who has completed 12 years of service as a state judicial officer has a vested right to a pension. The vested right is forfeited on the member’s application for a refund of the member’s accumulated contributions. (c) (1) If a state judicial officer develops a permanent physical or mental disability while a state judicial officer, the state judicial officer is to receive, from and after the ascertainment of the disability in the manner set forth in paragraph (c)(2) of this section, an annual pension from this State, payable in equal monthly installments during the remainder of the state judicial officer’s lifetime. (2) A state judicial officer may be deemed to have a permanent physical or mental disability and unable to perform the state judicial officer’s duties after the Board has considered a certificate to that effect signed by all of the following: a. The Chief Justice of the Supreme Court, or if the Chief Justice is the subject of the certificate, by the senior Justice of the Supreme Court. b. By 3 persons previously designated by the Board who meet all of the following: 1. Are duly licensed to practice medicine or surgery in this State. 2. Have been actively engaged in the practice of medicine or surgery in this State for at least 10 years immediately preceding the signing of the certificate.

Del. Code tit. 29, § 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 1 / 24 of final average compensation multiplied by years of service as a state judicial officer up to 12 years inclusive, plus 1 / 48 of final average compensation multiplied by years of service as a state judicial officer from 13 to 24 years inclusive. Disability pensions will be computed on the basis of actual service as a state judicial officer or 12 years of service as a state judicial officer, whichever is greater. (2) For a member first appointed before July 1, 1980, who accepts the revised plan, as provided in § 5605 of this title, the pension payable under the revised plan shall be the greater of the pension computed in accordance with paragraph (1) of this section or 3% of final average compensation multiplied by years of service as a judge subject to a minimum pension of 50% of final average compensation and a maximum of 75% of final average compensation. (3) a. Notwithstanding provisions of this section to the contrary, a member may elect to have the member’s service or disability pension, computed under this section, reduced by 2%, thereby providing a survivor’s pension equal to 2 / 3 of the reduced amount to the member’s eligible survivor at the time of the member’s death. The member’s election must be made in a form approved by the Board and filed before the issuance of the member’s first benefit check. The member’s election is irrevocable. b. Notwithstanding the provisions of this section to the contrary, an individual receiving a service or disability pension which was effective before July 1, 2001, or an individual with a vested right to a service pension, may elect to have the individual’s service or disability pension reduced by 2%, thereby providing a survivor’s pension equal to 2 / 3 of the reduced amount to the individual’s eligible survivor at the time of the individual’s death. The individual’s election must be made in a form approved by the Board, filed before December 15, 2001, to be effective January 1, 2002, for the individual receiving a service or disability pension on July 1, 2001, or, in the case of an individual with a vested right to a service pension, filed before the issuance of the individual’s first pension check. c. Notwithstanding provisions of this section to the contrary, a member may elect to have the member’s service or disability pension, computed under this section, reduced by 3%, thereby providing a survivor’s pension equal to 75% of such reduced amount to the member’s eligible survivor at the time of the member’s death. The member’s election must be made in a form approved by the Board and filed before the issuance of the member’s first benefit check. The member’s election is irrevocable. d. Notwithstanding provisions of this section to the contrary, a member may elect to have the member’s service or disability pension, computed under this section, reduced by 6%, thereby providing a survivor’s pension equal to 100% of the reduced amount to the member’s eligible survivor at the time of the member’s death. The member’s election must be made in a form approved by the Board and filed before the issuance of the member’s first benefit check. The member’s election is irrevocable.

Del. Code tit. 29, § 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 the service pension for which the member would have been eligible and computed on the basis of actual service to the date of death or 12 years, whichever is greater, and had elected the option provided under § 5613(3) of this title. (b) On the death of a member covered by the revised plan and receiving a service or disability pension at the time of death, a monthly survivor’s pension must be paid to the member’s eligible survivor that is equal to 1 of the following: (1) One half of the service or disability pension. (2) If the pension was computed under § 5613(3) a. or b. of this title, 2 / 3 of the service or disability pension. (3) If the pension was computed under § 5613(3)c. of this title, 75% of the service or disability pension. (4) If the pension was computed under § 5613(3)d. of this title, 100% of the service or disability pension. (c) On the death after retirement of a member covered by the revised plan, who has a vested right to a pension under § 5612(b) of this title, but who dies before reaching the age of 62, a monthly survivor’s pension must be paid beginning in the month during which the member would have reached the age of 62 in an amount equal to 1 / 2 of the pension for which the member would have been eligible at the age of 62. (d) For the purpose of this section, the priority of eligible survivors of a member covered by the revised plan is as follows, provided that a member may change the priority of eligible survivors specified under this subsection by designating the priority of eligible survivors on a form prescribed by the Board: (1) The widow or widower, provided the widow or widower had been married to the deceased member for at least 1 year before the date of death. (2) If there is not an eligible widow or eligible widower, a child (or with the survivor’s pension divided among them in equal shares, all such children if there are more than 1), provided the child is unmarried and 1 of the following applies: a. The child has not attained age 18. b. The child has attained age 18 but not age 22 and is attending school on a full-time basis. c. The child has attained age 18 and has a permanent disability as the result of a disability which began before the child attained age 18. (3) If there is not an eligible widow, eligible widower, or eligible child, a dependent parent (or, with the survivor’s pension divided between them in equal shares, both such parents if there are 2). (e) The amount payable to a widow or widower who has not attained age 50 at the time the survivor’s pension begins must be actuarially reduced, in accordance with actuarial tables approved by the Board, for each month the survivor is under age 50 at the time. However, the actuarial reduction for any widow or widower does not apply for the period during which the widow or widower has in the widow’s or widower’s care a child who is unmarried and to whom 1 of the following applies: (1) The child has not attained age 18. (2) The child has attained age 18 but not age 22 and is attending school on a full-time basis. (3) The child has attained age 18 and has a permanent disability as the result of a disability which began before the child attained age 18. (f) A deceased member’s parent is deemed to have been dependent on the deceased member if the parent was receiving at least 1 / 2 of the parent’s support from the deceased member at the time of death. (g) A survivor’s pension begins with the month following the month in which the member dies. If payable to a widow, widower, or parent, the survivor’s pension ceases with the month in which the survivor dies. If payable to a child, the survivor’s pension ceases with the month in which the child dies or fails to meet the conditions of eligibility under paragraph (d)(2) of this section.

Del. Code tit. 29, § 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.

Del. Code tit. 29, § 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 determine the normal cost required to meet the actuarial cost of current service and the unfunded actuarial accrued liability. (b) The State’s appropriation to the funds for the Fiscal Year 1994, and for each fiscal year thereafter, shall be the percentage of covered payroll approved by the Board on the basis of the most recent actuarial valuation, and shall equal the sum of the normal cost plus the payment required to implement the provisions of subsection (c) of this section plus the payment required to amortize the unfunded actuarial accrued liability over 40 years from July 1, 1981. The amortization payment shall be an amount computed as a level percentage of the prospective total covered payroll over the remainder of the amortization periods, with such prospective total covered payroll to be determined on the basis of a growth rate, as determined by the Board, compounded annually. Except as provided in subsection (c) of this section, all funds appropriated pursuant to this subsection shall be deposited into the Fund established by § 5601 of this title. (c) In order to provide a fund for post retirement increases, the State shall include in its annual appropriation payments equal to 2.33% of covered payroll, subject to the limitations contained in § 5548(a)(2) of this title. Beginning with the Fiscal Year 1994 budget, .70% of covered payroll shall be appropriated; in Fiscal Year 1995, 1.11% of covered payroll shall be appropriated; in Fiscal Year 1996, 1.52% of covered payroll shall be appropriated; in fiscal year 1997, 1.93% of covered payroll shall be appropriated; in Fiscal Year 1998 and each fiscal year thereafter 2.33% of covered payroll shall be appropriated. Funds appropriated to implement this subsection shall be deposited into the Post Retirement Fund established by § 5548 of this title.

Del. Code tit. 29, § 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 increased effective July 1, 1982, in accordance with the following schedule: Year Service or Disability Percent Increase in Pension Pension Becomes Effective Effective 7/1/82

Del. Code tit. 29, § 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 members under § 5601 of this title. The contributions so picked up shall be treated as employer contributions for purposes of determining the amounts of federal income taxes to withhold from the member’s compensation. (b) Member contributions picked up by the employer shall be paid from the same source of funds used for the payment of compensation to a member. A deduction shall be made from each member’s compensation equal to the amount of the member’s contributions picked up by the employer. This deduction, however, shall not reduce the member’s compensation for purposes of computing benefits under the retirement system pursuant to this chapter. (c) Member contributions shall be credited to a separate account within the member’s individual account so that the amount contributed prior to the effective date for the pickup of member contributions may be distinguished from the amounts contributed on or after the effective date. (d) The contributions, although designated as employee contributions, are being paid by the employer in lieu of the contributions by the employee. The employee will not be given the option of choosing to receive the contributed amounts directly instead of having them paid by the employer to the retirement system.

Del. Code tit. 29, § 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.

Del. Code tit. 29, § 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 designated and shall not be subject to assignment or transfer.

Del. Code tit. 29, § 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.

Del. Code tit. 29, § 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 deduction from the employee’s paycheck and to which earnings on investments, any other contributions, gifts, donations, grants, refunds and reimbursements shall be deposited upon receipt and from which benefits shall be paid and fees and expenses authorized by the Board shall be paid. Subject to Internal Revenue Code § 401(a)(24) [26 U.S.C. § 401(a)(24)], the assets of the Fund will be commingled in the Delaware Public Employees’ Retirement System as provided for by § 8308 of this title. The assets of the Fund are held in trust and may not be used for or diverted to any purpose other than for the exclusive benefit of the employees and their beneficiaries.

Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title29/c056/index.htmlFetched: 10/4/2026