Delaware Statutes
§ 5313 — Adjustment of benefits
Delaware·Title 29·Part Public Officers and Employees·Ch. 53 EARLY RETIREMENT OPTION FOR STATE EMPLOYEES·Subch. Eligibility Provisions
Any pension that has been determined to have been incorrectly calculated after an individual begins receiving such pension shall be adjusted as follows:
(1)If an individual’s pension is determined to be less than he or she is entitled to receive, it will be adjusted retroactively to the effective date of the pension.
(2)If an individual’s pension is determined to be more than he or she is entitled to receive, it will be adjusted prospectively only.
(3)In no case shall a pension awarded under this chapter which has been in effect for 1 year be subject to reduction.
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Legislative History
68 Del. Laws, c. 8, § 1 ; 70 Del. Laws, c. 186, § 1
Nearby Sections
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§ 5301
Early retirement option§ 5302
Definitions§ 5303
Employment of pensioners§ 5305
University of Delaware§ 5311
Survivor’s pension§ 5312
Application for benefits§ 5313
Adjustment of benefits