§ 5600 — Definitions

Delaware § 5600

• Jurisdiction: Delaware
• Title: 29
• Part: Public Officers and Employees
• Ch. 56: Pensions for State Judicial Officers

Text

For purposes of this chapter:

(1) “Board” means the Board of Pension Trustees established under § 8308 of this title.

(2) “Closed plan” means the eligibility and benefit pensions under this chapter in effect on June 30, 1980.

(3) “Commissioner” means an individual appointed under § 511, § 915, or § 1315 of Title 10.

(4) “Final average compensation” means the member’s average annual compensation during the member’s highest paid 3 years, comprised of 3 periods of 12 consecutive months, for service as a state judicial officer, or the average annual compensation during the period of the member’s service as a state judicial officer if such period is less than 3 years.

(5) “Magistrate in Chancery” means an attorney designated by, and serving at the pleasure of, the Chancellor of the Court of Chancery on a full-time basis.

(6) “Member” means a state judicial officer who accepts the provisions of this chapter.

(7) “Service” means all of the following:

a. Employment as a state judicial officer.

b. Years of service as an “employee” as defined in § 5501(f)(1), (f)(2), and (f)(3) of this title, excluding service as an elected official. It does not include service for which the employee has received the refund provided by § 5523(b) of this title, unless such refund is first repaid with interest at a rate determined by the Board.

c. Employment with the Municipal Court for the City of Wilmington prior to January 1998 if the individual is subsequently employed as a state judicial officer. An individual 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 or not later than March 23, 2003 (whichever is later), of a single lump sum payment equal to the actuarial value of the pension benefits to be derived from such service credits computed on the basis of actuarial assumptions approved by the Board and the individual’s attained age and final average compensation.

(8) “State judicial officer” means an individual who is appointed to the Delaware state judiciary.

(9) “State judiciary” means the officers listed in § 2 of Article IV of the Delaware Constitution and any other officer for whom all of the following apply:

a. Is appointed by 1 of the following methods:

1. By the Governor with confirmation by the Senate, as prescribed under Article IV of the Delaware Constitution.

2. As prescribed by §§ 511, 915, and 1315 of Title 10, for a Commissioner.

3. By the Chancellor of the Court of Chancery, for a Magistrate in Chancery.

b. Receives the officer’s entire remuneration as a state judicial officer in the form of a salary paid by this State.

c. Is by law during this tenure of office either prohibited from practicing law, or else prohibited from engaging in any other gainful occupation.

Legislative History

62 Del. Laws, c. 415, § 1 ; 70 Del. Laws, c. 186, § 1 ; 71 Del. Laws, c. 476, § 4 ; 74 Del. Laws, c. 8, § 1 ; 75 Del. Laws, c. 134, § 1 ; 79 Del. Laws, c. 140, § 1 ; 79 Del. Laws, c. 174, § 1 ; 83 Del. Laws, c. 283, § 42 ; 84 Del. Laws, c. 446, § 1 ; 85 Del. Laws, c. 2, § 3