State of Delaware Office of Pensions
Suffering a partial or total disability resulting from an individual and specific act, the type of which would normally occur only while employed as a police officer, would deem the police officer eligible for a duty-connected disability. Eligibility to receive a disability pension begins with the month following the month in which the police officer becomes disabled.
If a police officer suffers a partial or total disability and is not eligible for a duty-connected disability pension, the police officer shall be eligible for an ordinary disability pension if that police officer has acquired five (5) years of pension credited service.
If the police officer 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 police officer recovers from the disability, unless the police officer 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 police officer’s right to qualify for a service pension or subsequent disability pension.
The police officer is partially disabled if a physical or mental disability occurs which prevents the police officer from performing the duties of a State Police Officer for at least twelve (12) months.
The police officer is totally disabled if the police officer has a physical or mental disability that is expected to last for at least twelve (12) months and which prevents the police officer from performing the duties of any occupation qualified for by training or experience. If a police officer 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.
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.
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