§ 8363 — Eligibility for service pension

(a) A member shall become eligible to receive a service pension, after the member has terminated employment, beginning with the month when:

(1) The member has 10 years of credited service, and has attained age 62; or

(2) The member’s age plus credited service (but not less than 10 years) equals 75; or

(3) The member has 10 years of service and is retired due to age, pursuant to § 8361 of this title; or

(4) The member has 20 years of credited service.

(b) An inactive member with a vested right to a service pension shall become eligible to receive such pension, computed in accordance with this subchapter in effect when the member ceased to be an employee, beginning with the first month after attainment of age 62.

(c) For purposes of this section, credited service shall include any period during which a member is receiving a disability pension as provided by this subchapter.

(d) Any member of the Delaware River and Bay Authority Police Department, the University of Delaware Police Department or a municipal police department not covered under § 8351(6) of this title who is subsequently employed by the Delaware State Police 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 assumptions approved by the Board and the individual’s attained age and final average compensation.

Legislative History

62 Del. Laws, c. 361, § 1 ; 70 Del. Laws, c. 186, § 1 ; 72 Del. Laws, c. 483, § 1 ; 73 Del. Laws, c. 373, § 1 ; 74 Del. Laws, c. 412, § 1