Delaware § 8814 Vesting rights; return to service

Delaware Statutes

§ 8814 — Vesting rights; return to service

Delaware·Title 11·Part Law-Enforcement Administration·Ch. 88 DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN

(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state service pension and subsequently acquires 5 years of credited service; and provided that, if the member has withdrawn that member’s own contributions, the member repays them with interest at a rate determined by the Board.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state service pension and subsequently acquires 5 years of credited service; and provided that, if the member has withdrawn that member’s own contributions, the member repays them with interest at a rate determined by the Board.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.

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