2025 Delaware Code
Title 29 - State Government
Chapter 55. State Employees’ Pension Plan
Subchapter II. Eligibility Requirements and Benefits
§ 5522. Eligibility for service pension.
(a) An employee shall become eligible to receive a service pension, beginning with the month after the employee has terminated employment, if:
(1) The employee has 5 years of credited service, exclusive of service credited under § 5501(e)(4), (5) and (12) of this title, and has attained age 62;
(2) The employee has 15 years of credited service, exclusive of service credited under § 5501(e)(4), (5) and (12) of this title, and has attained age 60;
(3) The employee has 30 years of credited service;
(4) The employee has 25 years of credited service, exclusive of service credited under § 5501(e)(4), (5) and (12) of this title, regardless of age;
(5) The employee has 25 years of credited service, exclusive of service credited under § 5501(e)(4), (5) and (12) of this title, regardless of age, and is a Department of Correction employee or a specified peace officer. The employee must have 20 years of credited service as a correction officer or specified peace officer; or
(6) The employee has 25 years of credited service, exclusive of service credited under § 5501(e)(4), (5), and (12) of this title, regardless of age, and is a 911 operator. The employee must have 25 years of credit service as a 911 operator.
(b) A former employee with a vested right to a service pension shall become eligible to receive such pension, computed in accordance with this chapter beginning with the first month after the former employee's attainment of:
(1) Age 60 if credited service is equal to or greater than 20 years and includes service prior to July 1, 1976; or
(2) Age 62 if credited service is equal to or greater than 5 years.
(c) An employee shall become eligible to receive a reduced service pension, beginning with the month after the employee has terminated employment, if the employee has 15 years of credited service, exclusive of service credited under § 5501(e)(4), (5) and (12) of this title, and has attained age 55; the amount of the service pension payable to such an employee shall be reduced by 2/10 percent of each month the employee is under age 60.
(d) The amount of the service pension payable to an employee who becomes eligible to receive a service pension pursuant to paragraph (a)(4) of this section shall be reduced by 2/10 percent for each month of credited service the employee has less than 30 years.
(e) A post-2011 employee shall become eligible to receive a service pension, beginning with the month after the employee has terminated employment, if:
(1) The employee has 10 years of credited service, exclusive of service credited under § 5501(e)(12) of this title, and has attained age 65;
(2) The employee has 20 years of credited service, exclusive of service credited under § 5501(e)(12) of this title, and has attained age 60; or
(3) The employee has 30 years of credited service.
(f) A post-2011 employee shall become eligible to receive a reduced service pension, beginning with the month after the employee has terminated employment, if:
(1) The employee has 15 years of credited service, exclusive of service credited under § 5501(e)(12) of this title, and has attained age 55; the amount of the service pension payable to such an employee shall be reduced by 4/10 percent of each month the employee is under age 60; or
(2) The employee has 25 years of credited service, exclusive of service credited under § 5501(e)(12) of this title, regardless of age; the amount of the service pension payable to such an employee shall be reduced by 4/10 percent of each month the employee has less than 30 years.
(g) A former post-2011 employee with a vested right to a service pension shall become eligible to receive such pension, computed in accordance with this chapter beginning with the first month after the former post-2011 employee's attainment of age 65 if credited service is equal to or greater than 10 years.
29 Del. C. 1953, § 5522; 57 Del. Laws, c. 592, § 1; 57 Del. Laws, c. 702; 58 Del. Laws, c. 180, § 3; 60 Del. Laws, c. 483, §§ 15, 16; 62 Del. Laws, c. 392, §§ 1, 2; 63 Del. Laws, c. 423, § 2; 67 Del. Laws, c. 124, §§ 2, 3; 70 Del. Laws, c. 186, § 1; 70 Del. Laws, c. 524, §§ 7, 10; 72 Del. Laws, c. 253, § 1; 78 Del. Laws, c. 14, § 11; 79 Del. Laws, c. 174, §§ 1, 3, 5; 80 Del. Laws, c. 403, § 2; 81 Del. Laws, c. 154, § 2; 81 Del. Laws, c. 445, § 3; 83 Del. Laws, c. 141, § 1; 84 Del. Laws, c. 42, § 1; 84 Del. Laws, c. 514, § 52;
