(a) There is established a special fund to be known as the Contribution Fund. Such Fund shall consist of and there shall be deposited in such Fund:

(1) All contributions, interest and penalties collected under §§ 5705 and 5706 of this title;

(2) All moneys appropriated thereto under this chapter;

(3) Any property or securities and earnings thereof acquired through the use of the moneys belonging to the Fund;

(4) Interest earned upon any moneys in the Fund; and

(5) All sums recovered upon the bond of the custodian or otherwise for losses sustained by the Fund and all other moneys received for the Fund from any other source.

Terms Used In Delaware Code Title 29 Sec. 5707

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Ex officio: Literally, by virtue of one's office.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Social Security Act: means the act of Congress approved August 14, 1935, Chapter 531, 49 Stat. See Delaware Code Title 25 Sec. 81-315
  • 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 6 Sec. 4307
  • State Agency: means the State Treasurer. See Delaware Code Title 25 Sec. 81-315

All moneys in the Fund shall be mingled and undivided. Subject to this chapter, the State Agency is vested with full power, authority and jurisdiction over the Fund, including all moneys and property or securities belonging thereto, and may perform any and all acts whether or not specifically designated which are necessary to the administration thereof and are consistent with this chapter.

(b) The Contribution Fund shall be established and held separate and apart from any other funds or moneys of the State and shall be used and administered exclusively for the purpose of this chapter. Withdrawals from such Fund shall be made solely for:

(1) Payment of amounts required to be paid to the Secretary of the Treasury pursuant to an agreement entered into under § 5703 of this title;

(2) Payment of refunds provided for in subsection (c) of § 5705 of this title; and

(3) Refunds of overpayments, not otherwise adjustable, made by a political subdivision or instrumentality.

(c) From the Contribution Fund the custodian of the Fund shall pay to the Secretary of the Treasury such amounts and at such time or times as may be directed by the State Agency in accordance with any agreement entered into under § 5703 of this title and the Social Security Act.

(d) The State Treasurer shall be ex officio treasurer and custodian of the Contribution Fund and shall administer such Fund in accordance with this chapter and the directions of the State Agency and shall pay all warrants drawn upon it in accordance with this section and with such regulations as the State Agency may prescribe pursuant thereto.

(e)(1) There are hereby authorized to be appropriated annually to the Contribution Fund, in addition to the contributions collected and paid into the Contribution Fund under §§ 5705 and 5706 of this title, to be available for the purposes of subsections (b) and (c) of this section until expended, such additional sums as are found to be necessary in order to make the payments to the Secretary of the Treasury which the State is obligated to make pursuant to an agreement entered into under § 5703 of this title.

(2) The State Agency shall submit to each regular session of the General Assembly, at least 90 days in advance of the beginning of such session, an estimate of the amounts authorized to be appropriated to the Contribution Fund by paragraph (e)(1) of this section for the next appropriation period.

48 Del. Laws, c. 344, § 6; 29 Del. C. 1953, § 5707; 57 Del. Laws, c. 741, § 37B; 61 Del. Laws, c. 468, § 3.;