The Honorable Harriet N. Smith
State Personnel Office
P.O. Box 1401
Dover, DE 19903
Re: Sick Leave Payout Eligibility of Retired State Police Officers Subsequently Hired by State
Dear Dr. Smith:
You have asked what circumstances, if any, would an employee who is already retired under the State Pension Plan and who, therefore, is prohibited from participating in the State Employees Pension Plan, be entitled to receive compensation pursuant to 29 Del. C. 5905 for unused sick leave during that person's current employment with the State.* For the reasons stated below, this office concludes that retired police officers are entitled to receive compensation for unused sick leave only upon their death.
* The persons affected by this Opinion are former State Police Officers who, after their retirement from the State Police, obtain employment with the State in some other capacity and are exempt from obtaining a pension in addition to the pension which the persons are entitled as former State Police Officers.