The ordinary disability pension shall be computed in the same manner as the service pension based on credited service accrued to the date of disability, subject to the following:

(1) In the case of total disability, the minimum pension shall be 50% of final coverage compensation plus 5% of final average compensation for each dependent during the period of dependency, not to exceed a total of 20% of final average compensation for all dependents; and

(2) In the case of partial disability, the minimum pension shall be 30% of final average compensation.

64 Del. Laws, c. 445, § ?1; 70 Del. Laws, c. 186, § ?1; 75 Del. Laws, c. 133, § ?4;

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Delaware Code Title 11 Sec. 8821

  • Compensation: shall mean all salary or wages, excluding overtime payments and special payments for extra duties, payable to a member for service. See Delaware Code Title 11 Sec. 8801
  • Credited service: shall mean , for any member:

    a. See Delaware Code Title 11 Sec. 8801

  • Final average compensation: shall mean 1/3 6 of the compensation paid to an employee during any period of 36 consecutive months for services rendered during those 36 months, in the years of credited service in which the compensation was highest. See Delaware Code Title 11 Sec. 8801
  • 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
  • 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