2022 Delaware Code
Title 29 - State Government
Chapter 53. EARLY RETIREMENT OPTION FOR STATE EMPLOYEES
Subchapter II. Eligibility Provisions
§ 5309. Payment of disability pension.
(a) Disability pension payments shall be made to a retired employee for each month beginning with the month in which the retired employee becomes eligible to receive such pension and ending with the month in which the retired employee ceases to be eligible or dies.
(b) Any disability pensioner who has not attained age 60 shall report to the Board by April 30 each year, in a form prescribed by the Board, the pensioner's total earnings from any gainful occupation or business in the preceding calendar year. One twelfth of the excess of such earnings over 1/2 of the annual rate of compensation received by the pensioner before he or she became disabled shall be deducted from the pensioner's disability pension during each of the 12 months beginning in July of the year following the calendar year for which earnings are reported. If any person received a disability pension for less than 12 months in the calendar year for which earnings are reported, the deduction, if any, shall be determined on a pro rata basis.
(c) Termination of a disability pension on account of recovery from disability shall not prejudice the right of the pensioner to qualify subsequently for a service pension or another disability pension.
68 Del. Laws, c. 8, § 1; 70 Del. Laws, c. 186, § 1;
