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Delaware Code Title 29. State Government § 5303. Employment of pensioners

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

(a)(1) An individual shall not receive a service or disability pension under this chapter for any month during which such individual is an employee as defined in § 5302(b) of this title, nor may an individual receiving a service pension under this chapter be an employee as defined in § 5302(b) of this title for a period of 5 years from the date of retirement under this chapter, unless such individual is:

a. An official elected by popular vote at a regular state election;

b. An official appointed by the Governor;  or

c. A temporary, casual, seasonal or substitute employee as defined by the Board of Pension Trustees.

(2) An individual who has retired under this chapter or Chapter 55 of this title and who has been rehired by the Pension Office to work on the implementation of the Early Retirement Program shall not be subject to the earnings limitation as contained in paragraph (a)(1)c. of this section or § 5502(a)(3) of this title until December 31, 1992.

(b) An individual who has retired under this chapter shall not contract with the State for personal services, as an independent contractor, for a period of 5 years from the effective date of retirement, unless such individual qualifies for 1 of the exceptions contained in paragraphs (a)(1) and (a)(2) of this section.

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Cite this article: FindLaw.com - Delaware Code Title 29. State Government § 5303. Employment of pensioners - last updated January 01, 2026 | https://codes.findlaw.com/de/title-29-state-government/de-code-sect-29-5303/

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