Retired members of the Delaware State Police, receiving pensions by reason of such service, are permitted to reenter State employment only under limited circumstances. 11 Del. C.
§ 8823. Such persons are not entitled to any pension rights under the State Employees Pension Plan. 11 Del. C. § 8823(1). In addition, no tenure or "Merit System" benefits shall accrue to such persons during the State employment. 11 Del. C. § 8823(2). As a result, these retired officers are considered "exempt" employees for the purposes of accrual of sick leave. Atty Gen. Op. No. 81-IO02.
29 Del. C. § 5905 sets forth the leave provisions for exempt employees, including these retired State Police Officers. 29 Del. C. § 5905(c) establishes the method for compensation for unused sick leave upon termination of State service. Specifically, § 5905(c) provides as follows:
State employees in the exempt positions enumerated in subsection (d) of this section, upon termination of state service, shall be compensated for unused annual leave and sick leave in the following manner:
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(2) In the event of death of such employee, payment shall be made to the employee's estate at the rate of 1 hour's pay for each hour of unused sick leave up to a maximum of 675 hours.
(3) Upon retirement under the State Pension Law, such employee shall be compensated at the rate of 1 hour's pay for every 2 hours of unused sick leave, with a maximum accrual of 675 hours for the purposes of cash payment.
(4) Such employees shall not be compensated for unused sick leave upon termination of state service except upon their retirement or death, as provided herein.