Delaware § 8375 Adjustment of benefits

Delaware Statutes

§ 8375 — Adjustment of benefits

Delaware·Title 11·Part Law-Enforcement Administration·Ch. 83 STATE POLICE·Subch. Service, Disability and Survivor’s Pensions

(a)A pension payable under this subchapter shall be adjusted no less liberally than adjustments made for pensions payable under the State Employees’ Pension Plan, taking into account adjustments to Social Security benefits payable to state employees.

(b)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 an employee’s final average compensation. Rather, the member’s base salary as of June 30, 2009, shall be used in calculating the employee’s final average compensation as defined in § 8351(7) of this title.

(c)If the final average compensation of an employee has been reduced because of a leave of absence resulting from presidential determinations to augment a

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(a) A pension payable under this subchapter shall be adjusted no less liberally than adjustments made for pensions payable under the State Employees’ Pension Plan, taking into account adjustments to Social Security benefits payable to state employees.

(b) 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 an employee’s final average compensation. Rather, the member’s base salary as of June 30, 2009, shall be used in calculating the employee’s final average compensation as defined in § 8351(7) of this title.

(c) If the final average compensation of an employee has been reduced because of a leave of absence resulting from presidential determinations to augment active forces, such employee shall have their final average compensation adjusted by their amount of military compensation. This adjustment will be no greater then what the employee would have received had they remained in employment for the period of leave. The employee will contribute 7% of the amount that was adjusted.

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