(a) The accumulated contributions with interest of a member who is neither eligible for a service nor disability pension, nor has a vested right to a service pension, shall be refunded upon withdrawal from service. There shall be a rebuttable presumption that a former member who fails to apply for a withdrawal benefit within 5 years after the date of withdrawal has waived the right to such benefit.
(b) If a member has a vested right to a service pension and withdraws from service and is not immediately eligible for a service or disability benefit, the member may request refund of accumulated contributions with interest. Refund of such contributions shall extinguish all rights to benefits under this subchapter.
Structure Delaware Code
Title 11 - Crimes and Criminal Procedure
Subchapter III. Service, Disability and Survivor’s Pensions
§ 8352. Employment of pensioners.
§ 8353. Attachment and assignment of benefits.
§ 8354. Powers and duties of the Board.
§ 8363. Eligibility for service pension.
§ 8364. Vested rights; cancellation of service credits.
§ 8365. Eligibility for disability pension.
§ 8366. Payment of service pension.
§ 8367. Payment of disability pension.
§ 8369. Amount of unified service, disability or survivor pension.
§ 8370. Amount of duty-connected disability pension.
§ 8371. Amount of ordinary disability pension.
§ 8375. Adjustment of benefits.
§ 8376. Application for benefits.
§ 8377. Dual membership prohibited.
§ 8392. Actuarial valuations and appropriations.
§ 8393. Establishment of Fund.