Del. Code tit. 29 § 5313

Current through 2024 Legislative Session Act Chapter 269
Section 5313 - Adjustment of benefits

Any pension that has been determined to have been incorrectly calculated after an individual begins receiving such pension shall be adjusted as follows:

(1) If an individual's pension is determined to be less than he or she is entitled to receive, it will be adjusted retroactively to the effective date of the pension.
(2) If an individual's pension is determined to be more than he or she is entitled to receive, it will be adjusted prospectively only.
(3) In no case shall a pension awarded under this chapter which has been in effect for 1 year be subject to reduction.

29 Del. C. § 5313

68 Del. Laws, c. 8, §1.;