2021 Delaware Code
Title 29 - State Government
Chapter 56. Pensions for Members of the State Judiciary
§ 5609. Relationship of judicial pensions to other pensions; social security.
(a) No judge, while serving as a judge, shall be entitled to receive any other pension:
(1) Payable by the State under any law of the State,
(2) For which the judge would otherwise be eligible because of the judge's prior service as an employee, officer or elected or appointed official.
Upon the judge's retirement or death, the judge or the person or persons entitled to survivor's benefits provided under this chapter shall be entitled to receive the pension benefits provided under this chapter as well as any other pension benefits for which the judge or the person or persons entitled to survivor's benefits is eligible under any other pension plan payable by the State.
(b) Within 6 months after July 7, 1998, any judge who withdrew his or her contributions from any other pension plan payable by the State, shall be entitled to repay the contributions, with interest at a rate to be determined by the Board. Repayment in accordance with this subsection shall restore all pension benefits for which the judge would have been eligible under the other pension plan payable by the State had the judge not withdrawn his or her contributions.
(c) Nothing contained in this chapter shall prevent any judge from participating on the same basis as other state employees in the social security program except that federal Social Security payments to which a judge may become entitled shall not be deducted from any pension payments made under this chapter.
29 Del. C. 1953, § 5610; 50 Del. Laws, c. 554, § 5; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 365, § 1;
