(a) An employee who, as of January 1, 2006, has fewer than 5 years of credited service, will be ineligible for disability pension coverage under § 5524 of this title and shall be covered under the Disability Insurance Program under Chapter 52A of this title.

(b) An employee who, as of January 1, 2006, has 5 or more years of credited service may elect either:

(1) To continue coverage under the disability pension provisions of § 5524 of this title; or,

(2) To elect coverage under the Disability Insurance Program provided in Chapter 52A of this title.

This election must be made in a form approved by the Board, and filed prior to December 15, 2005, in the State Pension Office, and shall be effective January 1, 2006. All elections made pursuant to this subsection shall be irrevocable. Members of the Delaware National Guard or members of the U.S. Armed Forces Reserves who are serving on active duty during the period of election required pursuant to this subsection shall elect a coverage option within 45 days of discharge from active duty.

(c) If it is determined by the State Pension Administrator that an employee is or was unable to make this election in a timely manner due to circumstances beyond the employee’s control, the Administrator, in the Administrator’s sole and absolute discretion, may extend the time period for making the election beyond the periods specified in this section.

(d) An employee who elected disability pension coverage pursuant to subsection (b) of this section, may elect to either:

75 Del. Laws, c. 191, § 2; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 227, § 6; 75 Del. Laws, c. 351, § 1.