Closed plan — Requirements for pension benefits; benefits to surviving widow or widower.
Del. Code tit. 29, § 5602
in effect(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.]
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title29/c056/index.htmlFetched: 10/4/2026