Delaware Code § 11-8801

Definitions
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As used in this chapter:
(1) "Board" shall mean the Board of Pension Trustees established by § 8308 of Title 29.
(2) "Compensation" shall mean all salary or wages, excluding overtime payments and special payments for extra duties, payable
to a member for service.
(3) "Credited service" shall mean, for any member:
a. Service as an employee;
b. Equalized state service if the member elects a unified pension;
c. Service as an employee before the date of affiliation with the Fund by the employer, provided the actuarially-determined past
service cost associated with such service is paid into the Fund on a schedule approved by the Board of Pension Trustees; and
d. Service with a police department not covered under paragraph (6) of this section by someone who is subsequently employed as
a police officer by a county or municipality in Delaware, which has affiliated with the Fund established by this chapter 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,
of a single lump sum payment equal to the actuarial value of the pension benefits to be derived from such service credits compiled
on the basis of actuarial assumption approved by the board and the individual's attained age and final average compensation.
(4) "Dependent" shall mean a dependent child or dependent parent. A dependent child is a person who is unmarried and either has
not attained age 18, or has attained age 18 but not age 22 and is attending school on a full-time basis, or has attained age 18 and is
permanently disabled as the result of a disability which began before the dependent attained age 18. A dependent parent is the parent
of a member who was receiving at least one half of the support from the member at the time of the member's death.
(5) "Employee" shall mean:
a. An individual who is employed on a full-time basis as a police officer by a county or municipality in Delaware which has
affiliated with the Fund established by this chapter; or
b. An individual who is employed on a full-time basis as a uniformed firefighter by the City of Wilmington after affiliation by
the City of Wilmington with the Fund established by this chapter; or
c. An individual employed on a full-time basis as a uniformed paramedic by a county in Delaware which has affiliated with the
Fund established by this chapter;or
d. An individual employed on a full-time basis with duties as both a paid firefighter and a paid emergency medical technician in
a volunteer fire company which has affiliated with the Fund established by this chapter.
(6) "Equalized state service" shall mean:
a. Years of service as an "employee" as defined in § 5501(f)(1) and (3) of Title 29, multiplied by 25/30, provided that the individual
is not accruing nor collecting benefits under Chapter 55 of Title 29. It shall not include service for which the employee has received
the withdrawal benefit provided by § 5530 of Title 29, or the refund provided by § 5523(b) of Title 29, unless such benefit or refund
is first repaid with interest at a rate determined by the Board before such service may be equalized.
b. Years of service as an "employee" as defined in § 5551(5) of Title 29, multiplied by 25/30, provided that the individual is not
accruing nor collecting benefits under Chapter 55A of Title 29. It shall not include service for which the employee has received the
withdrawal benefit provided by § 5580 of Title 29, or the refund provided by § 5573(b) of Title 29, unless such benefit or refund
is first repaid with interest at a rate determined by the Board before such service may be equalized.
c. Years of service as an "employee" as defined in § 8351(5) of this title, multiplied by 25/25, provided that the individual is not
accruing nor collecting benefits under subchapter III of Chapter 83 of this title. It shall not include service for which the employee
has received the withdrawal benefit provided by § 8374 of this title, or the refund provided by § 8364(d) of this title, unless such
benefit or refund is first repaid with interest at a rate determined by the Board before such service may be equalized.
(7) "Final average compensation" shall mean 1/ of the compensation paid to an employee during any period of 36 consecutive
36
months for services rendered during those 36 months, in the years of credited service in which the compensation was highest.
(8) The clause "for which the member is eligible under the Federal Social Security Act" shall mean the old age insurance benefit or
the disability insurance benefit for which an individual is or will be eligible by virtue of age and the wage credits under the Federal
Social Security Act (42 U.S.C. § 301 et seq.), based on the final average compensation and the Federal Social Security Act (42 U.S.C.

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