19 Del. Admin. Code § 2002-6.0 - Disability

6.1 "Disability". The term "physical or mental disability" as used in 29 Del.C. § 5524 (c) shall mean a condition which causes an employee with a medically documented physical or mental disability which prevents the employee from performing the duties of the employee's position and causing absence from work for period of at least ninety (90) consecutive days from the documented inception of the disability to the date the employee returns to work.

6.2 Documentation of disability. An application for disability shall be on the form prescribed by the Pension Office and shall include an evaluation from a qualified physician or psychologist.

6.3 Disability review. Disability Pension Applications shall be reviewed by a qualified and independent third-party examiner approved by the Board, and who shall provide a report to the Pension Administrator.

6.4 Period of disability.

6.4.1 The employing agency or school may grant up to twelve (12) consecutive calendar months of leave.

6.4.2 To extend the leave beyond twelve (12) consecutive calendar months, the employing agency or school must apply to the Pension Administrator.

6.4.3 An application for such extension must be received by the Pension Administrator no fewer than thirty (30) days prior to the expiration of prior Disability period.

6.5 Recovery of disability pensioners. In the event a disability pension is terminated because of recovery prior to age sixty (60), the disability pensioner shall become eligible for a vested pension if the disability pensioner's period of credited service, including the period for which he or she received disability pension payments, meets the service requirements for a vested pension specified in 29 Del.C. § 5523 at the time the disability pension commenced. Pensioner's period for which he or she received disability pension payments shall be used for eligibility purposes only and not for computation of monetary pension benefit.

6.6 Disability pensioners who return to active employment. A disability pension constitutes an individual's involuntary retirement; therefore, a disability pensioner who is reinstated as an employee under 29 Del.C. § 5501 (e), shall be eligible for the disability pensioner's subsequent retirement to be considered as a regular retirement under the provisions of the pension law in effect at the time of the disability pensioner's subsequent retirement.

6.7 Return to work following disability with approved medical leave: Upon returning to State employment following a period of approved medical leave, an individual may secure restoration of the individual's previously canceled pension credits by submitting medical evidence, in a form set forth by the Pension Office, to the Pension Administrator which establishes that the individual's disability has:

6.7.1 Terminated or;

6.7.2 That the individual authorized to return to employment not more than four (4) months prior to the date of the individual's actual return; or

6.7.3 That the individual was forced to terminate State employment due to medical disability.

6.8 Return to work following disability with no approved medical leave: Upon returning to State employment following a period of medical disability for which a leave of absence was not granted, an individual may secure restoration of the individual's previously canceled pension credits by submitting medical evidence, in form set forth by the Pension Office, which establishes the nature of the individual's disability, the date on which it commenced, and date on which said disability terminated or on which the individual was authorized by the individual's physician to return to employment.

6.9 Disability service purchase. The actuarial rate to purchase credit under 29 Del.C. § 5501 (e) shall be adopted by resolution of the Board of Pension Trustees. For disabled employees who desire to purchase service credit under subsection 6.9 of this regulation, the disabled employee's actual age will be increased by ten (10) years (but not to more than age 65).

Notes

19 Del. Admin. Code § 2002-6.0

25 DE Reg. 272 (9/1/2021) (final)