§ 5612 — Revised plan — Eligibility; annual pension for permanent disability

(a) A member covered by the revised plan is eligible to receive a pension if the member meets 1 of the following:

(1) Has completed 12 years of service as a state judicial officer and has attained age 62.

(2) Has completed 24 years of service.

(3) Has been involuntarily retired after having served 22 years as a state judicial officer.

(b) A member covered by the revised plan who has completed 12 years of service as a state judicial officer has a vested right to a pension. The vested right is forfeited on the member’s application for a refund of the member’s accumulated contributions.

(c) (1) If a state judicial officer develops a permanent physical or mental disability while a state judicial officer, the state judicial officer is to receive, from and after the ascertainment of the disability in the manner set forth in paragraph (c)(2) of this section, an annual pension from this State, payable in equal monthly installments during the remainder of the state judicial officer’s lifetime.

(2) A state judicial officer may be deemed to have a permanent physical or mental disability and unable to perform the state judicial officer’s duties after the Board has considered a certificate to that effect signed by all of the following:

a. The Chief Justice of the Supreme Court, or if the Chief Justice is the subject of the certificate, by the senior Justice of the Supreme Court.

b. By 3 persons previously designated by the Board who meet all of the following:

1. Are duly licensed to practice medicine or surgery in this State.

2. Have been actively engaged in the practice of medicine or surgery in this State for at least 10 years immediately preceding the signing of the certificate.

Legislative History

62 Del. Laws, c. 415, § 4 ; 64 Del. Laws, c. 199, § 1 ; 64 Del. Laws, c. 309, § 2 ; 70 Del. Laws, c. 186, § 1 ; 75 Del. Laws, c. 134, § 2 ; 78 Del. Laws, c. 179, §§ 298-300 ; 84 Del. Laws, c. 446, § 8 ; 85 Del. Laws, c. 2, § 3