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Delaware Code Title 11. Crimes and Criminal Procedure § 8364. Vested rights;  cancellation of service credits

Current as of January 01, 2026 | Updated by Findlaw Staff

(a) A member who has 10 years of credited service shall have a vested right to a service pension.

(b) If a member who has less than 10 years of credited service ceases to be an employee, the member's service credits to the date of termination shall be cancelled unless:

(1) The member again becomes an employee within 4 months after such cessation of employment;  or

(2) The member subsequently acquires 5 years of credited service;  or

(3) The member has joined the state employees' pension system;  and provided that if the member has withdrawn contributions the member repays with interest at a rate determined by the Board.

(c) For purposes of this section, credited service shall include any period during which a member is receiving a disability pension as provided by this subchapter.

(d) A former employee's vested right shall be forfeited upon application for a refund of accumulated contributions.

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Cite this article: FindLaw.com - Delaware Code Title 11. Crimes and Criminal Procedure § 8364. Vested rights;  cancellation of service credits - last updated January 01, 2026 | https://codes.findlaw.com/de/title-11-crimes-and-criminal-procedure/de-code-sect-11-8364/

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