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Delaware General AssemblyDelaware RegulationsAdministrative CodeTitle 14700

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1.0 Purpose

The purpose of this regulation is to provide guidance relative to military service for salary calculations for employees paid under 14 Del.C. §1305, and as referenced in 14 Del.C. §1312(a).

20 DE Reg. 281 (10/01/16)

 

2.0 Definitions

The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:

Active Duty” means full-time duty in the active military service of the United States, to include, but not be limited to, full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of a military department.

Armed Forces” means the following branches of the United States armed forces: Army, Air Force, Marine Corps, Navy, and Coast Guard; or National Guard of the State.

Course of Professional or Vocational Training” means work leading to the attainment of a certificate, diploma or degree, and offered by a public or private, non-profit or proprietary institution as approved or accredited by an appropriate State agency or National/Regional organization. A person engaged in such course of instruction shall have been enrolled on a full-time basis, under regulations of the institution in effect at the time of attendance, and shall have completed the course of instruction in which enrolled, by continuous attendance, so as to complete the course of instruction on a scheduled date. Interruption of attendance may be occasioned only by reason of personal medical problems which militate against regular attendance or full-time military duty during war or other declared emergency.

20 DE Reg. 281 (10/01/16)

 

3.0 Credit for Active Duty Experience

3.1 Credit for Experience for full time Active Duty, not in excess of six (6) years in the Armed Forces, shall be granted provided the individual became a teacher, principal or superintendent, or other administrative employee in a Delaware public school pursuant to 14 Del.C. §1305, and as referenced in 14 Del.C. §1312(a):

3.1.1 Within five (5) years after completion of being on Active Duty; or

3.1.2 Within five (5) years after completion of a Course of Professional or Vocational Training, if such Course was begun within five (5) years after completion of the individual being on Active Duty.

20 DE Reg. 281 (10/01/16)

 

4.0 Calculation of Service Time

4.1 Credit for service in the Armed Forces shall be calculated as follows:

4.1.1 One (1) year of experience shall be allowed for each creditable year of full time Active Duty.

4.1.2 No more than one (1) year of experience may be credited for any one (1) calendar year.

 

(Non regulatory Note: See 14 Del.C. §1312(a) and §1327 Leave of Absence for Persons in Military Service).

 

(Non-regulatory Note: See State of Delaware Pension Plan FAQs)

3 DE Reg. 631 (11/01/99)

8 DE Reg. 701 (11/01/04)

13 DE Reg. 639 (11/01/09)

20 DE Reg. 281 (10/01/16)

 

Last Updated: November 15 2022 13:39:35.
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