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2019 Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 88. Delaware County and Municipal Police/Firefighter Pension Plan
§ 8814 Vesting rights; return to service.

Universal Citation:
11 DE Code § 8814 (2019)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

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state service pension and subsequently acquires 5 years of credited service; and provided that, if the member has withdrawn that member’s own contributions, the member repays them with interest at a rate determined by the Board.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

64 Del. Laws, c. 445, § 1; 67 Del. Laws, c. 86, § 11; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 133, § 7; 76 Del. Laws, c. 214, § 1.

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