Updated October 22, 2026. Quick answer: The Delaware State Employees’ Pension Plan summary says only a member who was vested in the SEPP as of 12/31/2005 and waived enrollment in the Disability Insurance Program (DIP) can apply for a disability pension. Employees hired after or not vested as of 1/1/2006, or who chose DIP coverage, are not eligible for one.
What this covers
The summary plan description has a section headed “DISABILITY PENSION”. This page quotes that section. For the wider choices, see Delaware state pension retirement decisions and public pension retirement decisions.
What the plan says
Each row is the summary’s own wording.
| Topic | What the plan says |
|---|---|
| Who can apply | “If you were vested in the SEPP as of 12/31/2005 and elected to waive enrollment in the Disability Insurance Program (DIP) and you become disabled, you are eligible to apply for a disability pension.” |
| Who cannot | “Any employee who was hired after or not vested as of 1/1/2006 or elected, coverage under the Disability Insurance Program (DIP) is not eligible for a disability pension.” The statute makes an exception for some members who elected the insurance option. Title 29, section 5524(d) says “An employee who previously elected to participate in the disability insurance option pursuant to § 5519(b)(2) of this title and has been deemed to have a disability pursuant to § 5253(c) of this title and whose benefit under the disability insurance option has been discontinued because of the limits of coverage for mental condition or substance abuse have been exhausted, shall be deemed to have a disability for the purposes of this section and be covered under the disability pension provisions of this section.” |
| Service test | “At least five (5) consecutive years of creditable service before 1/1/2006.” “This does not include the three (3) months of the Disability Preparation Period.” The statute words the service test differently. Title 29, section 5524(a) says “An employee who has 5 years of credited service, exclusive of service credited under § 5501(e)(4), (5) and (12) of this title, and develops a disability shall become eligible to receive a disability pension beginning with the fourth month following the inception of his or her disability.” |
| Leave | “Approved Leaves of Absence are NOT considered a break in service.” |
| Medical test | “A physical or mental disability that prevents the member from performing the duties of his/her current position.” |
| Duration test | “The disability must be expected to last for at least 90 consecutive days.” |
Who decides, and pay during the review
“Your application is subject to review by the Executive Secretary to the Board of Pension Trustees who determines if the employee is mentally or physically unable to perform the essential functions of the employee’s position as defined.” On the physician’s statement the plan says “This should be confirmed by a statement from the treating physician.” “Medical information is reviewed by a medical professional.”
Pay and service credit while the application is reviewed
“During the application process, you will be kept on the active payroll from the inception of your disability to the end of the third full month during which you will receive payments at the same rate of compensation you received before you became disabled.” “You will receive service credit for this period; however, it cannot be used for eligibility purposes.”
Where the other disability benefits sit
Most state employees are covered by the employer-paid programs the summary describes in its benefits chapter, short-term disability (STD) and long-term disability (LTD), and the summary notes of LTD: “Long-Term Disability (LTD) is an employer-paid benefit that pays you a portion of your income if you remain disabled beyond the 182 days allowed by STD.” For long-term disability income from a private plan, see what happens when long-term disability ends at 65. Delaware’s tax rules on pension income are on how Delaware taxes retirement income.
What the plan summary does not say
The section does not print the amount of a disability pension or a formula for it. The documents to file are in the summary’s table “Documents Required for Your Pension”, which has a column for a disability pension. Ask the Office of Pensions for your own eligibility and a calculation before you rely on this benefit.
Edition
This page reads the Delaware Office of Pensions, State Employees’ Pension Plan Summary Plan Description (2026), the file the Delaware Office of Pensions served on 2026-10-22. It is a summary, so the Delaware Code and your own pension account control over it, and the Office of Pensions is the place to confirm your own eligibility.
Common mistakes
- Assuming every vested state employee can apply. The summary limits it to members vested as of 12/31/2005 who “elected to waive enrollment in the Disability Insurance Program (DIP)”.
- Counting the review pay toward eligibility. The summary says the service credit for that period “cannot be used for eligibility purposes.”
- Reading a short illness as a pension case. The summary’s test is that “The disability must be expected to last for at least 90 consecutive days.”
Related: Delaware state pension retirement decisions, public pension retirement decisions, and when long-term disability ends at 65.
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Answer againSources
- Delaware Office of Pensions, State Employees’ Pension Plan Summary Plan Description (2026): open.omb.delaware.gov
- Related official page (not quoted): IRS, Retirement topics: Disability: www.irs.gov
- Related official page (not quoted): IRS, Topic no. 410, Pensions and annuities: www.irs.gov
Read from the pension system handbooks linked above on October 22, 2026. General information, not tax advice. Your own facts decide the outcome, and a pension system or a qualified professional is the right place to confirm anything consequential.