29 Del. C. § 5522 (2026)

(a) An employee shall become eligible to receive a service pension, beginning with the month after the employee has terminated employment, if:

(1) The employee has 5 years of credited service, exclusive of service credited under § 5501(e)(4), (5) and (12) of this title, and has attained age 62;

(2) The employee has 15 years of credited service, exclusive of service credited under § 5501(e)(4), (5) and (12) of this title, and has attained age 60;

(3) The employee has 30 years of credited service;

(4) The employee has 25 years of credited service, exclusive of service credited under § 5501(e)(4), (5) and (12) of this title, regardless of age;

(5) The employee has 25 years of credited service, exclusive of service credited under § 5501(e)(4), (5) and (12) of this title, regardless of age, and is a Department of Correction employee or a specified peace officer. The employee must have 20 years of credited service as a correction officer or specified peace officer; or

(6) The employee has 25 years of credited service, exclusive of service credited under § 5501(e)(4), (5), and (12) of this title, regardless of age, and is a 911 operator. The employee must have 25 years of credit service as a 911 operator.

(b) A former employee with a vested right to a service pension shall become eligible to receive such pension, computed in accordance with this chapter beginning with the first month after the former employee’s attainment of:

(1) Age 60 if credited service is equal to or greater than 20 years and includes service prior to July 1, 1976; or

(2) Age 62 if credited service is equal to or greater than 5 years.

(c) An employee shall become eligible to receive a reduced service pension, beginning with the month after the employee has terminated employment, if the employee has 15 years of credited service, exclusive of service credited under § 5501(e)(4), (5) and (12) of this title, and has attained age 55; the amount of the service pension payable to such an employee shall be reduced by 2/10 percent of each month the employee is under age 60.

(d) The amount of the service pension payable to an employee who becomes eligible to receive a service pension pursuant to paragraph (a)(4) of this section shall be reduced by 2/10 percent for each month of credited service the employee has less than 30 years.

(e) A post-2011 employee shall become eligible to receive a service pension, beginning with the month after the employee has terminated employment, if:

(1) The employee has 10 years of credited service, exclusive of service credited under § 5501(e)(12) of this title, and has attained age 65;

(2) The employee has 20 years of credited service, exclusive of service credited under § 5501(e)(12) of this title, and has attained age 60; or

(3) The employee has 30 years of credited service.

(f) A post-2011 employee shall become eligible to receive a reduced service pension, beginning with the month after the employee has terminated employment, if:

(1) The employee has 15 years of credited service, exclusive of service credited under § 5501(e)(12) of this title, and has attained age 55; the amount of the service pension payable to such an employee shall be reduced by 4/10 percent of each month the employee is under age 60; or

(2) The employee has 25 years of credited service, exclusive of service credited under § 5501(e)(12) of this title, regardless of age; the amount of the service pension payable to such an employee shall be reduced by 4/10 percent of each month the employee has less than 30 years.

(g) A former post-2011 employee with a vested right to a service pension shall become eligible to receive such pension, computed in accordance with this chapter beginning with the first month after the former post-2011 employee’s attainment of age 65 if credited service is equal to or greater than 10 years.

29 Del. C. 1953, §  5522;  57 Del. Laws, c. 592, §  1;  57 Del. Laws, c. 702;  58 Del. Laws, c. 180, §  3;  60 Del. Laws, c. 483, §§  15, 16;  62 Del. Laws, c. 392, §§  1, 2;  63 Del. Laws, c. 423, §  2;  67 Del. Laws, c. 124, §§  2, 3;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 524, §§  7, 10;  72 Del. Laws, c. 253, §  1;  78 Del. Laws, c. 14, §  11;  79 Del. Laws, c. 174, §§  1, 3, 5;  80 Del. Laws, c. 403, §  2;  81 Del. Laws, c. 154, §  2;  81 Del. Laws, c. 445, § 3;  83 Del. Laws, c. 141, § 1;  84 Del. Laws, c. 42, § 1;  84 Del. Laws, c. 514, § 52;