Delaware Code Title 29. State Government § 5519. Disability insurance option

(a) An employee who, as of January 1, 2006, has fewer than 5 years of credited service, will be ineligible for disability pension coverage under § 5524 of this title and shall be covered under the Disability Insurance Program under Chapter 52A of this title.

(b) An employee who, as of January 1, 2006, has 5 or more years of credited service may elect either:

(c) If it is determined by the State Pension Administrator that an employee is or was unable to make this election in a timely manner due to circumstances beyond the employee's control, the Administrator, in the Administrator's sole and absolute discretion, may extend the time period for making the election beyond the periods specified in this section.

(d) An employee who elected disability pension coverage pursuant to subsection (b) of this section, may elect to either:  continue coverage under the disability pension provisions under § 5524 of this title;  or elect to be covered under the Disability Insurance Program under Chapter 52A of this title.  This election must be made in a form approved by the Committee, filed prior to December 15, 2006, to be effective January 1, 2007, and shall be irrevocable;  however, if the date of disability is prior to January 1, 2007, coverage in the Disability Insurance Program will commence on the first day the employee returns to work after January 1, 2007.  The employee will be required to submit evidence of insurability satisfactory to the carrier.  All members of the Delaware National Guard or members of the U.S. Armed Forces Reserves who have been called to active duty must make their election within 45 days of the date they are no longer on active duty.