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State of Delaware Office of Pensions

County and Municipal (Police/Firefighters) Plan - Disability Pension

ELIGIBILITY FOR DUTY CONNECTED DISABILITY:

If a partial or total disability is suffered resulting from an individual and specific act, the type of which would normally occur only while employed as a police officer/firefighter, the individual shall be eligible for a duty-connected disability. Eligibility to receive a disability pension begins with the month the individual becomes disabled.


ELIGIBILITY FOR NON-DUTY CONNECTED DISABILITY:

If an individual suffers a partial or total disability and is not eligible for a duty-connected disability pension, the individual shall be eligible for an ordinary disability pension if that individual has acquired five (5) years of pension credited service.

If the individual is determined to be totally disabled and recovers, yet is still partially disabled, the total disability pension will be reduced to a partial disability pension.

Eligibility ceases at the end of the month in which the individual recovers from the disability, unless the individual has reached normal retirement date or, if a duty-connected disability and was not offered employment by the State in a position qualified for by training and experience. Termination of a disability pension does not affect the individual’s right to qualify for a service pension or subsequent disability pension.


PROOF:

The police officer/firefighter is partially disabled if a physical or mental disability occurs which prevents the police officer/firefighter from performing the duties of a police officer/firefighter for at least twelve (12) months.

The police officer/firefighter is totally disabled if the police officer/firefighter has a physical or mental disability that is expected to last for at least twelve (12) months and which prevents the police officer/firefighter from performing the duties of any occupation qualified for by training or experience. If a police officer/firefighter applies for a disability pension, the applicant, the employer and the examining physician must complete and submit required documentation. Cases are subject to medical review and approval by the Executive Secretary to the Board of Pension Trustees.


POST-DISABILITY EARNINGS:

A disability pension will be reduced to the extent that earnings from any gainful occupation or business and worker's compensation benefits after becoming disabled exceed the current base pay of the rank held at the time of the disability. Until the disability pensioner reaches normal retirement age, the total of such earnings for the previous calendar year must be reported annually to the Board of Pension Trustees by April 30. The Office of Pensions will mail the required form for completion. Once the disability pensioner reaches normal retirement age, no earning limitations apply.

State of Delaware Office of Pensions
McArdle Building, 860 Silver Lake Blvd., Suite #1
Dover, DE 19904-2402
Toll Free: (800) 722-7300, Local: (302) 739-4208
SLC 570A
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