DelawareSB 42153rd General Assembly (2024–2026)SenateWALLET

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE AND CHAPTER 446 OF VOLUME 84 OF THE LAWS OF DELAWARE RELATING TO PENSIONS FOR THE STATE JUDICIARY.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 0 costs, 3 mixed.

Five-year leave payouts for judicial officials

Officials who first qualify for and join the judicial pension plan on January 26, 2025, receive accrued annual leave payouts. Payments are spread over five years, rather than paid immediately. The first payment must be completed by January 26, 2026. Any unpaid balance is paid when the official leaves state service.

Judicial officers keep pension choices with limits

Justices of the Peace, Commissioners, and Magistrates in Chancery first qualifying on January 26, 2025, can decline the judicial plan. They can remain in the State Employees’ Pension Plan instead. They must send a written election to the Board by the deadline and method set by the Pension Administrator. That choice cannot be changed. Those joining the judicial plan keep their prior employee-plan contribution rate for their first 24 service years after joining. A later appointment to a different state judicial position requires 5% contributions on annual pay above $6,000, including pay above the Social Security wage base, for the rest of that 24-year period.

Required pensions and contributions for judicial officers

The law moved the prior judicial pension changes from January 1 to January 26, 2025—a 25-day delay. Starting January 26, judicial officers first appointed on or after July 1, 1980, must join the revised judicial pension plan. No written declaration or payroll deduction approval is required. Members first covered on or after January 26 pay 5% of annual pay above $6,000 for their first 24 service years, including pay above the Social Security wage base. Separate transition rules apply to Justices of the Peace, Commissioners, and Magistrates in Chancery who first qualify that day.

Sponsors & Cosponsors

Sponsor

Trey Paradee
Democratic • Senate

Cosponsors

William J. Carson
Democratic • House
Timothy D. Dukes
Republican • House

Roll Call Votes

All Roll Calls

Yes: 56 • No: 0

House vote • 1/30/2025

Passed (SM required)

Yes: 37 • No: 0

Senate vote • 1/21/2025