TITLE 14

Education

Free Public Schools

CHAPTER 39. TEACHERS' RETIREMENT AND DISABILITY PENSIONS


There shall continue to be a fund for the purpose of paying pensions or allowances to retired and disabled teachers who have taught in public schools within this State.

45 Del. Laws, c. 240, § 1; 47 Del. Laws, c. 240, § 1; 14 Del. C. 1953, § 3901.;

Teachers who were inactive in their profession on April 23, 1945, who, prior to that date, taught in the public schools of this State for 25 years or more and are no longer capable of teaching, and teachers who were inactive in their profession on April 23, 1945, who, prior to that date, taught in the public schools of this State for 15 years or more and who attain the age of 65, shall be entitled to receive a pension out of the fund continued by § 3901 of this title for the duration of their respective lives. The amount of such pension shall be determined by the number of years of teaching service, as follows:

15 years of service, $185 per month;

16 to 20 years of service, $190 per month;

21 to 25 years of service, $200 per month;

26 or more years of service, $210 per month.

45 Del. Laws, c. 106, § 2; 47 Del. Laws, c. 240, § 2; 48 Del. Laws, c. 191, § 1; 14 Del. C. 1953, § 3902; 53 Del. Laws, c. 336, § 2; 54 Del. Laws, c. 326, § 1; 58 Del. Laws, c. 180, § 4A.;

Teachers who, prior to April 23, 1945, because of failing or lost eyesight, loss of limb or other physical disability, were required to abandon the teaching profession, and, by reason of such disability, are incapable of securing employment producing a living wage, and who taught as many as 3 school years in this State, shall be entitled to receive, out of the fund continued by § 3901 of this title, the sum of $185 per month for the duration of their respective disabilities.

45 Del. Laws, c. 106, § 2; 47 Del. Laws, c. 240, § 2; 48 Del. Laws, c. 191, § 1; 14 Del. C. 1953, § 3903; 50 Del. Laws, c. 516, § 2; 53 Del. Laws, c. 336; 54 Del. Laws, c. 326, § 2; 58 Del. Laws, c. 180, § 4B.;

Persons qualified to receive any nondisability retirement benefits under this chapter shall make application therefor to the Department of Finance.

Persons qualified to receive any disability pension benefits under this chapter shall make application therefor to the Board of Pension Trustees.

45 Del. Laws, c. 106, § 2; 48 Del. Laws, c. 191, § 1; 14 Del. C. 1953, § 3904; 57 Del. Laws, c. 741, § 40A.;

The Department of Finance and the Board of Pension Trustees shall make investigations in order to determine the eligibility of the applicants or persons entitled to receive benefits under this chapter, as provided by law.

45 Del. Laws, c. 106, § 3; 14 Del. C. 1953, § 3905; 57 Del. Laws, c. 741, § 40B.;

The Secretary of Finance shall pay monthly to persons designated by the Department of Finance and Board of Pension Trustees as being entitled to the benefits of this chapter.

45 Del. Laws, c. 106, § 4; 14 Del. C. 1953, § 3906; 57 Del. Laws, c. 741, § 40C.;

All moneys appropriated for the purposes of this chapter and not expended during any fiscal year shall revert to the General Fund of the State Treasury.

45 Del. Laws, c. 106, § 5; 14 Del. C. 1953, § 3907.;

(a) On and after July 1, 1972, no pension which has been in effect for 3 years shall be subject to adjustment. This provision shall not apply to adjustments of pensions required to implement subsection (b) of this section.

(b) Effective September 1, 1972, the amount of any pension in effect on July 1, 1969, shall be the greater of: (1) The monthly pension rate paid in July, 1969, or (2) the recalculated amount determined as a result of audits made between May, 1971, and June 30, 1972, inclusive of any increases provided between July 1, 1969, and June 30, 1972, provided that the minimum pension payable for any month after July, 1969 shall be the monthly pension rate paid in July, 1969.

(c) Any pension overpayments discovered as a result of audits made between May, 1971, and June 30, 1972, shall not be subject to recovery.

14 Del. C. 1953, § 3908; 58 Del. Laws, c. 527, § 3.;

(a) Effective January 1, 1976, any pension being paid under this chapter to an individual 60 years of age or older shall be increased by either (1) $30 per month if such individual is also receiving or is eligible for benefits under the Federal Social Security Act, or (2) $50 per month if such individual is not also receiving or eligible for benefits under the Federal Social Security Act; provided that such increase shall be applied to the correct amount determined as a result of audits made between May 1971 and June 1972, and shall only be paid to an individual if such correct amount, inclusive of such increase, exceeds the amount of any pension being paid in accordance with § 3908(b) of this title.

(b) Any pension under this chapter that is payable on February 15, 1980, shall be increased effective January 1, 1979, by $20 per month.

(c) Any pension under this chapter that is payable on April 24, 1984, shall be increased effective July 1, 1984, by $30 per month.

(d) Any pension under this chapter that is payable on the date this subsection is enacted into law shall be increased effective July 1, 1986, by $30 a month.

(e) Any pension under this chapter that is payable on July 13, 1988, shall be increased effective July 1, 1988, by $105 a month.

(f) Any pension under this chapter that is payable on the date this subsection is enacted into law shall be increased effective July 1, 1990, by $60 a month.

60 Del. Laws, c. 483, § 30; 62 Del. Laws, c. 200, §§ 1, 2; 64 Del. Laws, c. 249, § 2; 65 Del. Laws, c. 489, § 2; 66 Del. Laws, c. 363, § 2; 67 Del. Laws, c. 422, § 2.;

Upon the death of an individual receiving a pension under this chapter, the sum of $5,000 shall be paid to the designated beneficiary or, in the absence of a designated beneficiary, the amount of this benefit shall be paid to the deceased pensioner's estate.

64 Del. Laws, c. 446, § 1; 68 Del. Laws, c. 150, § 2; 69 Del. Laws, c. 451, § 2; 70 Del. Laws, c. 186, § 1.;