Delaware Code Title 29 Sec. 5502 – Employment of pensioners
(a) An individual shall not receive a service or disability pension under this chapter for any month during which the individual is an employee unless the individual is:
(1) An official elected by popular vote at a regular state election;
(2) An official appointed by the Governor;
(3) A temporary, casual, seasonal or substitute employee as defined by the Board of Pension Trustees;
(4) A substitute teacher employed by a school district in the State;
(5) A temporary justice of the peace appointed pursuant to § 9211 of Title 10; or
(6) A per diem employee of the General Assembly.
Terms Used In Delaware Code Title 29 Sec. 5502
- Contract: A legal written agreement that becomes binding when signed.
- employee: as used in this chapter shall exclude all designated faculty and designated professional staff of the University of Delaware who are first employed by the University after June 1, 1970. See Delaware Code Title 29 Sec. 5505
- Juror: A person who is on the jury.
- Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Under age: means an age of less than 18 years. See Delaware Code Title 1 Sec. 302
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
(b) Nothing in this section shall prevent the State from employing an individual receiving a pension under this chapter as a registration or election official or as a juror. An individual so employed may receive the compensation provided by law without deduction from the individual’s pension.
(c) Nothing in this section shall prevent an employee 55 years of age or older from receiving an elected official service or disability pension.
(d) Any employment under paragraph (a)(2), (a)(3) or (a)(4) of this section requires the individual to have a 6-month separation of service from his or her effective date of retirement if the individual is under age 65. Earnings from employment under paragraph (a)(3) or (a)(4) of this section will be subject to an annual earnings limit of $40,000, beginning in calendar year 2021. If an individual does exceed the allowable earned income the individual’s state pension benefit from this chapter shall be reduced, with a $1.00 deduction for every $2.00 earned over the annual earnings limit. The deduction will begin in July of the year following the calendar year for which the earnings are reported, in a manner as determined by the Board.
(e) Any individual who contracts with an employer participating in the plan or represents any private enterprise that has a contract with an employer participating in the plan must have a 6-month separation of service from his or her effective date of retirement if the individual is under age 65. The employer shall report to the Board, in a form prescribed by the Board, a certification of the worker’s status for the individual. The certification will be used for a determination of the individual meeting the definition of employee under this chapter.
29 Del. C. 1953, § ?5502; 57 Del. Laws, c. 592, § ?1; 57 Del. Laws, c. 741, § ?38A; 60 Del. Laws, c. 483, § ?13; 62 Del. Laws, c. 70, § ?1; 63 Del. Laws, c. 423, § ?1; 65 Del. Laws, c. 80, § ?1; 70 Del. Laws, c. 186, § ?1; 71 Del. Laws, c. 119, § ?1; 73 Del. Laws, c. 18, § ?2; 73 Del. Laws, c. 79, § ?2; 73 Del. Laws, c. 198, § ?1; 73 Del. Laws, c. 430, § ?2; 78 Del. Laws, c. 290, § ?28; 79 Del. Laws, c. 78, §§ ?28, 29; 79 Del. Laws, c. 245, § ?1; 81 Del. Laws, c. 79, § ?43; 83 Del. Laws, c. 349, § 1;