Delaware General Assembly



Be it enacted by the General Assembly of the State of Delaware:

Section 1. § 4303, Title 9, Delaware Code, is amended to read:

§ 4303. Eligibility for retirement benefits

(a) An employee who is in covered employment on the date of retirement and who shall have served in covered employment for at least 15 years during the period that ends on the date of retirement, and who has served in covered employment for at least 5 years immediately preceding the date of retirement, and whose service includes no interruption from continuous covered employment, except allowable interruptions aggregating not more than 10 years, shall be considered eligible for retirement benefits within the meaning of this chapter, except as otherwise provided.

(b) Allowable interruptions from continuous covered employment, shall be interruptions arising from (1) leaves of absence granted to employees; or (2) for entering the armed services of the United States of America as provided in section 4304 of this Title; or (3) involuntary severance of employment not due to any fault or neglect on the part of such employee; or (4) voluntary severance of employment for a period not to exceed 1 year; but the employee shall not be considered in covered employment during any period of such interruption. The usual vacation allowed any employee of any department or agency shall not be considered an interruption from continuous employment.

(c) No employee shall be eligible for retirement benefits under the provisions of this chapter who is covered or potentially covered by any other State, County or Municipal pension plan or Statute.

Section 2. § 4305, Title 9, Delaware Code, is amended to read

§ 4305. Retirement age

(a) Every covered employee within the meaning of this chapter, now or hereafter employed, may be retired after such employee shall have served in covered employment for 25 years, or on or after attaining the age of 60 years in the case of a female employee, or the age of 65 years in the case of a male employee, and shall, after retirement and during the remainder of his or her life, receive the pension fixed by this chapter, subject to such qualifications and reservations as are contained in this chapter; provided that a covered employee may continue active work at the option of the department or agency by which he or she is employed up to the age of 65 years for female employees or 75 years of age for male employees.

(b) Nothing in this chapter shall be construed to make mandatory the retirement of any employee who is not in "covered employment" as such term is defined in section 4302 of this title, or who is ineligible to receive a pension because he has not worked the required number of years, except as is specifically authorized in this chapter to the contrary.

Approved December 13, 1965.