Delaware Code Title 29 Sec. 5605 – Acceptance of provisions; result
(a) Each new member of the state judiciary, whether by appointment and confirmation or as a result of any provision of this chapter, may accept the provisions of this chapter by:
(1) Written declaration to that effect within 30 days following the member’s becoming a member of the state judiciary. A member first appointed on or after July 1, 1980, shall not be required to file a written declaration as such member is covered under the revised plan; or
(2) Through the authorization, heretofore or hereafter accomplished, by said member to permit deductions for the contributions provided in § 5601 of this title.
Terms Used In Delaware Code Title 29 Sec. 5605
- 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
The declaration of acceptance shall be filed in the office of the Secretary of State; provided, however, that in the event the member accepts the provisions of this chapter through authorization of deductions for contributions, the member shall thereafter file a written declaration with the Secretary of State. Upon filing of such written declaration by a member of the state judiciary or upon authorization of deductions for contributions, whichever first occurs, the benefits of this chapter shall be available to the member. Any judge who was, prior to November 8, 1955, a member of the state judiciary, who has not already done so, may file a written declaration of acceptance of the provisions of this chapter within 30 days after November 8, 1955. A declaration of acceptance, or authorization to permit deductions for the contributions provided in § 5601 of this title, heretofore or hereafter accomplished, by a member first appointed on or after July 1, 1980, shall cover such member under the revised plan.
(b) A member first appointed before July 1, 1980, may elect to be covered by the revised plan by filing a declaration of acceptance in the office of the Secretary of State.
(c) Any declaration of acceptance of this chapter or authorization of deductions for the contributions provided in § 5601 of this title as provided in subsection (a) of this section shall constitute an authorization and direction by the member of the state judiciary making the same that if a certificate of permanent physical or mental disability of such member shall be thereafter filed as provided for in § 5602(c) of this title, such certificate shall, without any further act by such member, constitute a resignation by such member, effective immediately after the filing of such certificate. A declaration of acceptance shall also authorize deductions for the contributions provided for in § 5601 of this title.
(d) Any declaration filed or authorization made pursuant to this section shall be irrevocable.
29 Del. C. 1953, § ?5606; 50 Del. Laws, c. 119, § ?1; 50 Del. Laws, c. 533, § ?3; 62 Del. Laws, c. 415, §§ ?12-14; 63 Del. Laws, c. 330, § ?1; 64 Del. Laws, c. 202, § ?1; 66 Del. Laws, c. 123, §§ ?1-3; 70 Del. Laws, c. 186, § ?1; 71 Del. Laws, c. 365, § ?4; 74 Del. Laws, c. 8, § ?2; 78 Del. Laws, c. 179, § ?297; 82 Del. Laws, c. 87, § 7;