19 Del. Admin. Code § 2004-4.0

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

Section 2004-4.0 - Distribution of Benefits

4.1Effective date of pensions.

4.1.1Pension beneficiary: All pensions shall become effective on the first day of the month. Under 11 Del.C. § 8376 (a), a monthly benefit shall not be payable for any period earlier than the first day of the second month preceding the date on which Application for Benefit is filed.

4.1.2Deceased pensioner monthly benefit and survivor's pension: The full pension benefit shall be payable for the month in which a pensioner's death occurs and shall be payable to the pensioner or his or her estate. Survivor's monthly pension benefit, if any, shall become effective the first day of the next month following the month in which a pensioner's death occurs.

4.2Erroneous payments. Any overpayment of benefits to a pensioner shall be recovered by the State Pension Administrator who, after written notice to the pensioner, shall withhold the amount due from the pensioner's monthly pension benefit within a twelve (12) month period, provided that the amount of monthly withholding may not exceed fifteen percent (15%) of the monthly pension benefit. If repayment of any overpayment amount will require more than twelve (12) months, the withholding shall be made at the rate not to exceed fifteen percent (15%) of the monthly pension benefit until the overpayment has been recovered in full.

4.3Withdrawal benefits. Employees terminating employment who are not eligible for a service or disability pension shall be paid their accumulated contributions with interest pursuant to 11 Del.C. § 8374. Such payments shall not be made until the Office of Pensions has verified the employee's total pension contributions. The interest rate to be paid on such payments shall be adopted by Resolution of the Board.

19 Del. Admin. Code § 2004-4.0

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