Delaware § 8814 Vesting rights; return to service

Delaware Statutes

§ 8814 — Vesting rights; return to service

Delaware § 8814

Title11

PartLaw-Enforcement Administration

Ch. 88DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN

This text of Delaware § 8814 (Vesting rights; return to service) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 11, § 8814 (2026).

Text

(a)A member who has 5 years of credited service shall have a vested right to a service pension.

(b)If a member who has less than 5 years of credited service ceases to be an employee, the service credits to the date of termination shall be cancelled unless:

(1)The member again becomes an employee within 4 months after such cessation of employment; or

(2)The member subsequently acquires 5 years of credited service; or

(3)The member has joined a state pension plan which provides for a unified state service pension and subsequently acquires 5 years of credited service; and provided that, if the member has withdrawn that member’s own contributions, the member repays them with interest at a rate determined by the Board.

(c)For purposes of this section, credited service shall include a

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(a) A member who has 5 years of credited service shall have a vested right to a service pension.

(b) If a member who has less than 5 years of credited service ceases to be an employee, the service credits to the date of termination shall be cancelled unless:

(1) The member again becomes an employee within 4 months after such cessation of employment; or

(2) The member subsequently acquires 5 years of credited service; or

(3) The member has joined a state pension plan which provides for a unified state service pension and subsequently acquires 5 years of credited service; and provided that, if the member has withdrawn that member’s own contributions, the member repays them with interest at a rate determined by the Board.

(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 chapter.

(d) A former employee’s vested right shall be forfeited upon application for a refund of accumulated contribution.