§ 5609 — Relationship of judicial pensions to other pensions; social security

(a) (1) A state judicial officer, while in service as a state judicial officer, may not receive any other pension that meets all of the following:

a. Is payable by this State under any law of this State.

b. For which the state judicial officer would otherwise be eligible because of the state judicial officer’s prior service as an employee, officer, or elected or appointed official.

(2) On the state judicial officer’s retirement or death, the state judicial officer or the person entitled to survivor’s benefits provided under this chapter is entitled to receive the pension benefits provided under this chapter as well as any other pension benefits for which the state judicial officer or the person entitled to survivor’s benefits is eligible under any other pension plan payable by this State.

(b) [Repealed.]

(c) Nothing contained in this chapter prevents a state judicial officer from participating on the same basis as other state employees in the social security program except that federal Social Security payments to which a state judicial officer may become entitled may not be deducted from any pension payments made under this chapter.

Legislative History

29 Del. C. 1953, § 5610; 50 Del. Laws, c. 554, § 5 ; 70 Del. Laws, c. 186, § 1 ; 71 Del. Laws, c. 365, § 1 ; 84 Del. Laws, c. 446, § 6 ; 85 Del. Laws, c. 2, § 3