As used in this chapter:

(1) “Board” shall mean the Board of Pension Trustees established by § 8308 of this title.

(2) “Closed plan” shall mean the eligibility and benefit pensions of this chapter in effect on June 30, 1980.

(3) “Final average compensation” shall mean the member’s average annual compensation during his or her highest paid 3 years, comprised of 3 periods of 12 consecutive months, for service as a judge, or the average annual compensation during the period of his or her service as a judge if such period is less than 3 years.

(4) The clause “for which he or she is eligible under the Federal Social Security Act” shall mean the old age insurance benefit or the disability insurance benefit for which an individual is or will be eligible by virtue of age and his or her wage credits under the Federal Social Security Act [42 U.S.C. § 301 et seq.], based on his or her final average compensation and the Federal Social Security Act in effect when the individual ceased to be a judge and computed in accordance with rules and regulations approved by the Board, regardless of any other factors such as, without limitation, whether the judge has made application for social security benefits or is subsequently employed.

(5) “Member” shall mean an individual who accepts the provisions of this chapter while a member of the state judiciary.

(6) “Service” shall mean, for an individual:

a. Employment as a member of the state judiciary; and

b. Years of service as an “employee” as defined in § 5501(f)(1) and (3) of this title, excluding service as an elected official. It shall not include service for which the employee has received the refund provided by § 5523(b) of this title, unless such refund is first repaid with interest at a rate determined by the Board; and

c. Employment with the Municipal Court for the City of Wilmington prior to January 1998 if the individual is subsequently employed as a member of the state judiciary. An individual may receive credit for such previous service upon payment to the Fund, on or before the date of issuance of the individual’s first benefit check or not later than March 23, 2003 (whichever is later), of a single lump sum payment equal to the actuarial value of the pension benefits to be derived from such service credits computed on the basis of actuarial assumptions approved by the Board and the individual’s attained age and final average compensation.

(7) “State judiciary” means the judges mentioned in Article IV, § 2, of the Constitution of Delaware, and any other judge of a court of record who:

a. Is appointed by the Governor and confirmed by the Senate for a term of 12 years; and

b. Receives his or her entire remuneration as judge in the form of a salary paid by the State; and

c. Is by law during this tenure of office either prohibited from practicing law, or else prohibited from engaging in any other gainful occupation.

62 Del. Laws, c. 415, § 1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 476, § 4; 74 Del. Laws, c. 8, § 1; 75 Del. Laws, c. 134, § 1; 79 Del. Laws, c. 140, § 1; 79 Del. Laws, c. 174, § 1.