Delaware Code Title 11 Sec. 8817 – Payment of disability pension
(a) Disability pension payments shall be made to a member for each month beginning with the month in which the member becomes eligible to receive such pension and ending with the month in which the member ceases to be eligible or dies.
Terms Used In Delaware Code Title 11 Sec. 8817
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board: shall mean the Board of Pension Trustees established by § 8308 of Title 29. See Delaware Code Title 11 Sec. 8801
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Member: shall mean a person who is an employee on or after the date the employer affiliates with the Fund. See Delaware Code Title 11 Sec. 8801
- Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
- Partial disability: shall mean a medically determined physical or mental impairment which renders the member unable to function as a police officer and which is reasonably expected to last at least 12 months. See Delaware Code Title 11 Sec. 8801
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Total disability: shall mean a medically determined physical or mental impairment which renders the member totally unable to work in any occupation for which the member is reasonably suited by training or experience, which is reasonably expected to last at least 12 months. See Delaware Code Title 11 Sec. 8801
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) [Repealed.]
(c) If a member who is initially determined to be totally disabled recovers, yet is still partially disabled, the total disability pension shall be reduced to a partial disability pension for as long as the member shall remain partially disabled.
(d) If a member who is disabled recovers and is no longer totally or partially disabled, the disability pension shall be discontinued unless:
(1) The member has reached normal retirement date, or
(2) In the case of a duty-connected disability, the member is not offered employment by the council or municipality in a position for which the member is suited by training and experience.
(e) A member aggrieved by the reclassification or termination of disability pension pursuant to subsection (c) or (d) of this section may appeal such decision to the Superior Court within 30 days of the day the decision is mailed. The appeal shall be on the record, without a trial de novo. The Court may remand the case to the Board for further proceedings on the record if the Court determines that the record is insufficient for review. When factual determinations are at issue, the Court’s review, in the absence of actual fraud, shall be limited to a determination of whether the Board’s decision is supported by substantial evidence in the record.
64 Del. Laws, c. 445, § ?1; 70 Del. Laws, c. 186, § ?1; 83 Del. Laws, c. 286, § 2;