State of Delaware Office of Pensions
If an employee becomes disabled, the employee is eligible to apply for a disability pension. To be eligible, the employee must have completed five (5) consecutive years of pension credited service, not counting any claimed or purchased service other than purchased service for sabbatical leave and military service (interrupting employment). The disability pension application is subject to medical review and approval by the Executive Secretary of the Board of Pension Trustees. During the review period, the employee will remain on the Organization’s payroll from the inception of disability to the end of the third full month. The same rate of compensation received before becoming disabled will continue through the three (3) month review period. This review period will be included in the calculation of pension credited service; however, it cannot be used to determine eligibility.
The disability pension ceases at the end of the month in which the disabled employee recovers and is offered State employment. Termination of a disability pension does not affect an employee’s right to qualify for a service pension or a subsequent disability pension.
An employee is considered eligible for a disability pension if a physical or mental disability prevents the employee from performing the duties of the position. If a disability pension application is filed, the examining physician, the employer and the applicant must complete and submit required information. The Executive Secretary will either grant or deny the disability pension.
A disability pension will be reduced to the extent that earnings from any gainful occupation or business after becoming disabled exceed one-half of the annual rate of compensation received before becoming disabled. This annual rate of compensation will be adjusted annually by any percentage increase in the total "Median Usual Weekly Earnings" as published by the U.S. Department of Labor.
Until the disability pensioner attains age 60, 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. After attaining age 60, no earning limitations apply.
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