Delaware Code § 11-8301

of this title or § 5501 of Title 29, unless the individual is:
Open in Lexace · Ask the AI about this section
(1) An official elected by popular vote at a regular or special election; or
(2) An official appointed by the Governor; or
(3) A registration or election official or a juror; or
(4) Receiving an ordinary service, disability or survivor's pension.
The employment, except employment as an elected official, may not be used for further retirement benefits.
(d) Nothing in this section shall prevent the employment by the State as a registration or election official or as a juror of any person
receiving a state pension. Persons so employed may receive the compensation provided by law without deduction from their state pension.
(e) Any former or present member of the State Highway Police, State Police, or any successor or substitute therefor, who shall have
been a member of the Delaware Memorial Bridge Police before the establishment of the Delaware River and Bay Authority, shall receive
full credit for the time served in such Delaware Memorial Bridge Police in computing the number of years' service required to receive
pension benefits provided in subsection (a) of this section.
(f) Nothing in this section shall prevent the employment by the State as a registration or election official or as a juror any person
receiving a state pension. Persons so employed may receive the compensation provided by law without deduction from their state pension.

(g) Nothing in this section shall prevent the employment by the Superior Court, Court of Chancery, Court of Common Pleas or Family
Court in or of any county of any person receiving a State Police pension. Persons so employed may receive compensation for such services
without deduction from their State Police pension.
(h) No retired member of the Uniformed Division, State Police, entitled to receive a pension under subsection (a) of this section, shall
receive a monthly pension less than any retiree on the retired rolls from the immediately prior retiring class, and of the same active-duty
rank, if such difference is solely the result of a cost-of-living increase granted to such retiree.
(i) A member of the State Police hired prior to July 1, 1980, and who has 20 years of credited service shall have a vested right to a
service pension as provided for in this subsection at a rate not less than the pension payment due upon completing 20 years of credited
service; payments of said pension benefit shall increase pursuant to this section based upon increased annual salary adjustments and/
or promotional increases that may occur subsequent to the twentieth year of credited service. A member's vested pension under this
subsection shall be payable upon the effective date of termination of employment as a member of the State Police.
(j) Any reduction in a member's salary, mandated as part of the FY 2010 Annual Appropriations Act [77 Del. Laws, c. 84] and
implemented during FY 2010, shall not be used when computing a member's final monthly salary. Rather, the member's base salary as
of June 30, 2009, shall be used in calculating the member's monthly salary as defined in subsection (a) of this section.

‹ Prev All Delaware sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.