19 Del. Admin. Code § 2005-6.0 - Disability

6.1 Disability. The term "physical or mental disability" as used in 29 Del.C. § 5574 (b) means a condition which causes an employee with a medically documented physical or mental disability which prevents the employee from engaging in any substantial gainful activity for which the employee is reasonably suited by training or experience by reason of any medically determinable physical or mental disability which can be expected to result in death or to last for a period of not less than 12 months.

6.2 Documentation of disability. An application for disability shall be on the form prescribed by the Pension Office and shall include an evaluation from a qualified physician or psychologist.

6.3 Disability review. Disability Pension Applications shall be reviewed by a qualified and independent third-party examiner approved by the Board, and who shall provide a report to the Pension Administrator.

6.4 Recovery of disability pensioners. In the event a disability pension is terminated because of recovery prior to age sixty (60), the disability pensioner shall become eligible for a vested pension if the disability pensioner period of credited service, including the period for which the disability pensioner received disability pension payments, meets the service requirements for a vested pension specified in 29 Del.C. § 5573 at the time the disability pension commenced. The pensioner's period for which the pensioner received disability pension payments shall be used for eligibility purposes only and not for computation of monetary pension benefit.

6.5 Disability pensioners who return to active employment. A disability pension constitutes an individual's involuntary retirement; therefore, a disability pensioner who is reinstated as an employee under 29 Del.C. § 55A, shall be eligible for the disability pensioner's subsequent retirement to be considered as a regular retirement under the provisions of the pension law in effect at the time of the disability pensioner's subsequent retirement.

6.6 Return to work following disability with approved medical leave: Upon returning to employment following a period of approved medical leave, a participant may secure restoration of the participant's previously canceled pension credits by submitting medical evidence, in a form set forth by the Pension Office, to the Pension Administrator which establishes that:

6.6.1 The participant's disability has terminated; or

6.6.2 The participant was authorized to return to employment not more than four (4) months prior to the date of the participant's actual return; or

6.6.3 The participant was forced to terminate State employment due to a medical disability.

6.7 Return to work following disability with no approved medical leave: Upon returning to employment following a period of medical disability for which a leave of absence was not granted, a participant may secure restoration of the participant's previously canceled pension credits by submitting medical evidence, in form set forth by the Pension Office, which establishes:

6.7.1 The nature of the participant's disability;

6.7.2 The date on which it commenced; and

6.7.3 The date on which said disability terminated; or

6.7.4 The date on which the participant was authorized by the participant's physician to return to employment.

6.8 Disability service purchase. The actuarial rate to purchase credit under 29 Del.C. § 5551 (4) d shall be adopted by resolution of the Board of Pension Trustees. Disabled employees who desire to purchase service credit under subsection 6.9 of this regulation, the disabled employee's actual age will be increased by ten (10) years (but not to more than age 65).

Notes

19 Del. Admin. Code § 2005-6.0

25 DE Reg. 272 (9/1/2021) (final)