19 Del. Admin. Code § 2005-4.0 - Distribution of benefits

4.1 Effective date of pensions

4.1.1 Pension beneficiary: All pensions shall become effective on the first day of the month. Under 29 Del.C. § 5581, a monthly benefit shall not be payable for any period earlier than the first day of the second month preceding the date on which application for such benefit is filed.

4.1.2 Deceased pensioner monthly benefit and survivor's pension: The full pension benefit shall be payable for the month in which a pensioner's death occurs and shall be payable to the pensioner or the pensioner's estate. Survivor's monthly pension benefit, if any, shall become effective the first day of the next month following the month in which a pensioner's death occurs.

4.2 Erroneous payments. Any overpayment of benefits to a pensioner shall be recovered by the State Pension Administrator who, after written notice to the pensioner, shall withhold the amount due from the pensioner's monthly pension benefit within a twelve (12) month period, provided that the amount of monthly withholding may not exceed fifteen percent (15%) of the monthly pension benefit. If repayment of any overpayment amount will require more than twelve (12) months, the withholding shall be made at the rate not to exceed fifteen percent (15%) of the monthly pension benefit until the overpayment has been recovered in full.

4.3 Withdrawal benefits. Employees terminating employment who are not eligible for a service or disability pension shall be paid their accumulated contributions with interest pursuant to 29 Del.C. § 5580. Such payments shall not be made until the Office of Pensions has verified the employee's total pension contributions. The interest rate to be paid on such payments shall be adopted by resolution of the Board.

4.4 Survivor benefits

4.4.1 Child with permanent disability. In order to establish eligibility for a survivor's pension for a child who "has a permanent disability as the result of disability which began before the child attained age 18" as set forth in 29 Del.C. § 5578 (c)(2) and (d)(3), the following documentation, in the form prescribed by the Board, shall be provided:

4.4.1.1 That the child is unmarried and the child is dependent upon the parents or the child is unable to do any substantial, gainful work; and

4.4.1.2 An opinion from a qualified physician which finds that the child has a medically determined physical or mental impairment that renders the child permanently disabled, and unable to do any substantial and gainful work and that such permanent disability began before the age of 18 years, or a determination that the child is disabled for the purposes of Social Security SSI.

4.4.2 Reduction factors for survivor's pensions. The Reduction Factors for Survivor's Pensions payable under 29 Del.C. § 5578 (d) shall be adopted by Resolution of the Board. Such benefits will not be subject to employer discretion.

Notes

19 Del. Admin. Code § 2005-4.0

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