Del. Code tit. 29 § 5532

Current through 2024 Legislative Session Act Chapter 269
Section 5532 - Increases in pensions
(a) Any monthly service or disability pension which became effective on or before January 1, 1993, and is payable on the date this subsection is enacted into law and any survivor pension based on a former service or disability pension that was effective on or prior to January 1, 1993, and is payable on the date this subsection is enacted into law shall be increased effective January 1, 1994, by 1% plus an additional 2% for pensions effective prior to January 1, 1991, up to a maximum of 3% plus .15% for each full month of retirement preceding January 1, 1981, up to a maximum of 9%. These increases shall continue to be paid through June 30, 1994, and every fiscal year thereafter provided that funds are appropriated in accordance with § 5544 of this title.
(b) Any monthly service or disability pension which became effective on or before December 1, 1990, and is payable on July 21, 1994, and any survivor pension based on a former service or disability pension that was effective on or prior to December 1, 1990, and is payable on the date this subsection is enacted into law shall be increased effective April 1, 1995, by 2% plus .10% for each full month of retirement preceding January 1, 1981, up to a maximum of 15%. These increases shall continue to be paid through June 30, 1995, and every fiscal year thereafter provided that funds are appropriated in accordance with § 5544 of this title.
(c) Any monthly service or disability pension which became effective on or before July 1, 1995, and is payable on July 18, 1996, and any survivor pension based on a former service or disability pension that was effective on or before July 1, 1995, and is payable on July 18, 1996, shall be increased effective July 1, 1996, by 2% plus 1% for pensions that were effective prior to January 1, 1980. These increases shall continue to be paid through June 30, 1997, and every fiscal year thereafter; provided that funds are appropriated in accordance with § 5544 of this title.
(d) Any monthly service or disability pension which became effective on or after July 1, 1976, and is payable on July 18, 1996, and any survivor pension based on a former service or disability pension which became effective on or after July 1, 1976 and is payable on the date this subsection is enacted into law shall also be increased effective July 1, 1996, by the amount of difference between the pensioner's computed benefit under § 5527(a) of this title, as effective July 1, 1996, less the benefit previously awarded under § 5527(a)(1) and (2) of this title.
(e) Any monthly service or disability pension which became effective on or before July 1, 1996, and is payable on the effective date of this subsection and any survivor pension based on a former service or disability pension that was effective on or before July 1, 1996, and is payable on the effective date of this subsection shall be increased effective July 1, 1997, in accordance with the following schedule:

Year Pension Became Effective Percent Increase
Prior to 1974 9%
1974 8%
1975 7%
1976 6%
1977 5%
1978 4%
After 1978 2%

These increases shall continue to be paid through June 30, 1998, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.

(f) Any monthly service, disability and survivor pension based on a former service or disability pension that was effective on or before July 1, 1997, but after December 31, 1985, and is payable on the effective date of this subsection shall be increased effective July 1, 1998, by 2%. Any monthly service, disability, or survivor pension based on a former service or disability pension that was effective prior to January 1, 1986, shall be increased effective July 1, 1998, by 3% or $20 per month, whichever is greater. These increases shall continue to be paid through June 30, 1999, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.
(g) Any monthly service, disability and survivor pension based on a former service or disability pension that was effective on or before July 1, 1998, but after December 31, 1979, and is payable on July 9, 1999, shall be increased effective July 1, 1999 by 2%. Any monthly service, disability or survivor pension based on a former service or disability pension that was effective prior to January 1, 1980. Shall be increased effective July 1, 1999 by 3% or $25 per month, whichever is greater. These increases shall continue to be paid through June 30, 2000, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.
(h) Any monthly service, disability and survivor pension based on a former service or disability pension that was effective on or before June 30, 2000, but after December 31, 1979, and is payable on July 21, 2000, shall be increased effective July 1, 2000, by 2%. Any monthly service, disability, or survivor pension based on a former service or disability pension that was effective prior to January 1, 1980, shall be increased effective July 1, 2000, by 3% or $25 per month, whichever is greater. These increases shall continue to be paid through June 30, 2001, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.
(i)
(1) Any monthly service, disability and survivor pension based on a former service or disability pension that was effective prior to July 1, 2001, and is payable on July 1, 2001, shall be increased effective July 1, 2001 by 1.5%. These increases shall continue to be paid through June 30, 2002, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.
(2) Any monthly service, disability and survivor pension based on a former service or disability pension that was effective prior to July 1, 2001, and is payable on July 1, 2001, shall be increased effective July 1, 2001 by 0.5%. These increases shall continue to be paid through June 30, 2002, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.
(j) Any monthly service, disability and survivor pension based on a former service or disability pension that was effective on or before June 30, 2001, but after December 31, 1975, and is payable on September 1, 2003, shall be increased effective September 1, 2003, by 2% or $25 per month, whichever is greater. Any monthly service, disability and survivor pension based on a former service or disability pension that was effective before January 1, 1976, and is payable on September 1, 2003, shall be increased effective September 1, 2003 by 2% or $35 per month, whichever is greater. These increases shall continue to be paid through June 30, 2004, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.
(k)
(1) Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective on or before June 30, 2001, but after December 31, 1975, and is payable on July 1, 2004, shall be increased effective July 1, 2004, by 2%. Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective before January 1, 1976, and is payable on July 1, 2004, shall be increased effective July 1, 2004, by 2% or $35 per month, whichever is greater. These increases shall continue to be paid through June 30, 2005, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.
(2) Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective on or before June 30, 2003, but after June 30, 2001, and is payable on July 1, 2004, shall be increased effective July 1, 2004, by 2%. These increases shall continue to be paid through June 30, 2005, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.
(3) Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective on or before May 31, 2004, but after June 30, 2003, and is payable on July 1, 2004, shall be increased effective July 1, 2004, by 2%. These increases shall continue to be paid through June 30, 2005, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.
(l) Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective on or before June 30, 2004, but after December 31, 1980, and is payable on July 1, 2005, shall be increased effective July 1, 2005, by 2%. Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective before January 1, 1981, and is payable on July 1, 2005, shall be increased effective July 1, 2005, by 2% plus $50 per month. These increases shall continue to be paid through June 30, 2006, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.
(m) Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective on or before June 30, 2005, but after December 31, 1980, and is payable on July 1, 2006, shall be increased effective July 1, 2006, by 2%. Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective before January 1, 1981, and is payable on July 1, 2006, shall be increased effective July 1, 2006, by 2% or $25 per month, whichever is greater. These increases shall continue to be paid through June 30, 2007, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.
(n) Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective on or before June 30, 2010, and is payable on January 1, 2012, shall be increased effective January 1, 2012, by 2%. These increases shall continue to be paid through June 30, 2012, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.
(o) Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective on or before June 30, 2011, and is payable on July 1, 2012, shall be increased effective July 1, 2012, by 1%. These increases shall continue to be paid through June 30, 2013, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.
(p) Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective on or before June 30, 2013, and is payable on January 1, 2015 shall be increased effective January 1, 2015 by 1%. These increases shall continue to be paid through June 30, 2015 and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this Chapter.
(q) Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective on or before June 30, 1991, and is payable on July 1, 2021, shall be increased effective July 1, 2021, by 3%. Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective on or before June 30, 2001, but after June 30, 1991, and is payable on July 1, 2021, shall be increased effective July 1, 2021, by 2%. Any monthly service, disability, and survivor pension based on a former service or disability pension that was effective on or before June 30, 2016, but after July 1, 2001, and is payable on July 1, 2021, shall be increased effective July 1, 2021, by 1%. These increases shall continue to be paid through June 30, 2022, and every fiscal year thereafter provided that funds are appropriated by the General Assembly in accordance with § 5544 of this title.

29 Del. C. § 5532

Amended by Laws 2021, ch. 54,s 32, eff. 6/30/2021.
Amended by Laws 2013, ch. 343,s 1, eff. 7/21/2014.
29 Del. C. 1953, § 5532; 57 Del. Laws, c. 592, § 1; 60 Del. Laws, c. 483, §§ 28, 29; 61 Del. Laws, c. 36, § 1; 61 Del. Laws, c. 455, § 3; 62 Del. Laws, c. 6, §1; 62 Del. Laws, c. 103, §1; 64 Del. Laws, c. 249, §1; 65 Del. Laws, c. 489, §1; 66 Del. Laws, c. 363, §1; 67 Del. Laws, c. 422, §1; 69 Del. Laws, c. 105, §1; 69 Del. Laws, c. 174, §1; 69 Del. Laws, c. 450, §§1, 2; 70 Del. Laws, c. 525, §§ 1, 3; 71 Del. Laws, c. 165, § 1; 71 Del. Laws, c. 397, § 1; 72 Del. Laws, c. 152, § 1; 72 Del. Laws, c. 438, §§ 2, 4; 72 Del. Laws, c. 447, § 1; 73 Del. Laws, c. 146, § 2; 74 Del. Laws, c. 183, § 1; 74 Del. Laws, c. 398, § 1; 75 Del. Laws, c. 136, § 1; 75 Del. Laws, c. 403, § 1; 78 Del. Laws, c. 116, § 1; 78 Del. Laws, c. 289, § 1.;