19 Del. Admin. Code § 2005-3.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 2005-3.0 - Credited Service

3.1Definitions:

3.1.1 "Accredited private school or college". The term "accredited private school or college" as used in 29 Del.C. § 5551 (4)d. means a private school or college which, during the time the pension applicant was employed there, was accredited by its Regional States Association of Colleges and Secondary Schools or whose students were routinely able to transfer to a school or college accredited by one of the aforesaid Regional Associations without loss of academic credit.

3.1.2 "Application for benefits". The term "date on which the application for such benefit is filed" as used 29 Del.C. § 5581 means the date on which the written documentation is received by the Office of Pensions or by the individual's employer.

3.1.3 "Approved medical leave" as used in 29 Del.C. § 5551 (4)e, shall refer to that period of time during which an individual: Is on a properly granted medical leave of absence from an employing State agency or school, and as further set forth in Section 6.0 of these regulations.

3.1.4 "Full-time or annual basis". The term "employed on a full-time or annual basis" as used in 29 Del.C. § 5551 (5)a. means employment in a permanent position which requires at least one-hundred thirty (130) hours per month for at least nine (9) months during a period of twelve (12) consecutive months.

3.1.5 "Regular part-time basis". The term "regular part-time basis" as used in 29 Del.C. § 5551 (5)a. means:

3.1.5.1 Is employed in a position which requires at least fifty (50) hours per month for at least 9 months during a period of twelve (12) consecutive months; or

3.1.5.2 Is employed in a position where the part time rate for the position is at least $200 per month for at least nine (9) months during a period of twelve (12) consecutive months.

3.1.6 "The Plan" means the County Municipal Employees' Pension Plan, as set forth in 29 Del.C. Ch 55A.

3.1.7 "The Plan Trust" means the Delaware Public Employees' Pension System Trust, created pursuant to 29 Del.C. Ch. 83.

3.2Credit for vacation and accrued sick leave. An employee or employee's survivor may elect to use accrued periods of vacation and accrued sick leave as credited service under 29 Del.C. § 5551 (4), provided that an employee or employee's survivor may not receive a pension for any month during the periods of vacation or sick leave so used. Service so credited may be used to establish eligibility for a service, disability, survivor or vested pension.

3.3Employee work conditions for credited service. To be deemed an employee for credited service, an employee of the State must:

3.3.1 Report for and work in an official work place of the State or must report for and attend a school or course of instruction in the manner required by the school or other institution pursuant to the direction or authorization of the employer, and be directly accountable to the employer who supervises the employee's work or course of instruction; or

3.3.2 Become eligible for Worker's Compensation in the course of employment as defined in subsection 3.4 .1 of this regulation, in which event the employee's accrual of credited service shall continue only so long as the employee shall remain eligible for and be receiving Worker's Compensation and remains an employee as defined under 29 Del.C. § 5551 (5).

3.4Leave of absence without pay. Any employee on an agency approved leave of absence shall not incur a break in service under 29 Del.C. § 5551 (4)c.1., provided that the leave of absence without pay is approved in writing by the employing agency or school board, and a copy thereof is filed with the Office of Pensions. The leave of absence without pay may not exceed a period of twelve (12) consecutive calendar months, unless approved by the Pension Administrator.

3.5One year limitation: In no case shall more than one (1) year of credited service be granted for any employment services during any twelve (12) month period.

3.6Ordinary service purchase. The actuarial rate to purchase credit under 29 Del.C. § 5551 (4)d. shall be adopted by resolution of the Board of Pension Trustees.

3.7 Rights of former employees returning to active service as an employee.

3.7.1Repayment of withdrawal benefits.

3.7.2 If a former employee, who withdrew the employee's pensioner accumulated contributions upon termination of service before January 1, 1986 again becomes an employee, the employee's service credits to the date of termination shall be restored in accordance with the provisions of 29 Del.C. § 5551 (4)c. if the employee repays the total amount withdrawn within ninety (90) days after written notification of such repayment option from the Office of Pensions.

3.7.3 If a former employee, who withdrew the employee's accumulated contributions upon termination of service on or after January 1, 1986 again becomes an employee, the employee's service credits to the date of termination shall be restored in accordance with the provisions of 29 Del.C. § 5501 (4)(c) if the employee repays the total amount withdrawn, plus an interest rate charge as adopted by the Board, compounded annually, within ninety 90 days after notification from the Office of Pensions.

3.7.4 If the repayment occurs after the ninety (90) days following written notification of such repayment option from the Office of Pensions, the repayment shall be equal to the amount in subsections 3.7 .2 and 3.7.3 of this regulation, plus, for each full month or fraction thereof following the last day of the ninety (90) day period, interest rate charge as adopted by the Board.

3.7.5 Any interest rate charges collected under subsections 3.7 .2 and 3.7.3 of this regulation shall not be considered part of accumulated contributions and shall not be refunded if the former employee takes a refund of accumulated contributions subsequent to a repayment.

3.8Rights of non-disability pensioners who return to active service as a full-time or regular part-time employee.

3.8.1 A pensioner, other than a disability pensioner, who again becomes an employee under 29 Del.C. § 5551 (4)(c), shall be eligible for an additional pension for each month of credited service during the pensioner's period of re-employment, with such additional pension computed as follows:

3.8.1.1 Employees who return for subsequent terms of employment which equal or exceed five (5) years and who waive the pension benefits accepted upon initial retirement and repay all benefit monies received from the prior retirement shall be eligible for a pension computed in accordance with all provisions of 29 Del.C. Ch. 55A.

3.8.1.2 Employees who return for subsequent terms of employment which total less than 5 years or employees who elect not to re-retire under subsection 3.8 .2.1.1 above shall be eligible for an additional pension for each month of credited service during the pensioner's period of re-employment, with such additional pension computed in accordance with all provisions of 29 Del.C. Ch. 55A, provided, however, that the original pension payable before the pensioner again became an employee shall not be recomputed and shall be payable in the same amount on the date of the pensioner subsequent retirement plus any post retirement increases the pensioner would have been eligible to receive during the pensioner's period of active employment.

19 Del. Admin. Code § 2005-3.0

25 DE Reg. 272 (9/1/2021) (final)