Delaware Code § 29-5594

Employer pickup of member contributions
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(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 § 5591 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.

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