Delaware 153rd General Assembly (2025-2026) Status: Enacted Bipartisan · 2 D · 1 R cosponsors

SB 42 — 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.

Last action — Signed by Governor

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 10, 2025. Enacted.

Signed by Governor Matt Meyer (Democratic) on February 07, 2025.

Prognosis

Likely to advance 92% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    3 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (2 D · 1 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

After enactment of Senate Substitute No. 1 to Senate Bill No. 174 of the 152nd General Assembly (Chapter 446 of Volume 84 of the Laws of Delaware), it was discovered that Senate Substitute No. 1 to Senate Bill No. 174 would, if implemented, jeopardize the qualified federal tax status of the Delaware Public Employees Retirement System by giving individuals who are Justices of the Peace, Commissioners of the Superior Court, Family Court, and Court of Common Pleas (“Commissioners”), and Magistrates in Chancery (“Magistrates”), as of the effective date, an election to participate in the Judicial Pension Plan at a different rate of pre-tax contribution than presently required for those individuals under the State Employees’ Pension Plan (3% or 5%, depending on start date). Based on this information, the Board of Pension Trustees voted unanimously on December 10, 2024, to delay implementation of Senate Substitute No. 1 for Senate Bill No. 174. This Act does the following: (1) Revises § 5601 and 5605 of Title 29 to allow for Justices of the Peace, Commissioners, and Magistrates who first qualify for the State Judicial Pension Plan on the effective date of this Act to elect to remain in the State Employees’ Pension Plan or participate in the State Judicial Pension Plan at the same pre-tax rate each individual was contributing under the State Employees’ Pension Plan (3% or 5%). (2) Sets the mandatory pre-tax contribution rate of any subsequently appointed State judicial officer at 5%. Any Justice of the Peace, Commissioner, or Magistrate as of the effective date who is appointed to a new position within the state judiciary after the effective date of this Act will also be subject to the mandatory 5% contribution rate. (3) Delays the effective date of Senate Substitute No. 1 for Senate Bill No. 174 until January 26, 2025, the effective date of this Act.

Bill Text

What changed in the latest version

106 added · 11 removed

Plain-language change summary

The amendment changes the effective date of the Act to February 9, 2025, from the previously stated January 26, 2025. This adjustment affects when the provisions of the Act, including those related to pension contributions for the state judiciary, will start to apply.

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Paradee DELAWARE STATE SENATE 153rd GENERAL ASSEMBLY SENATE AMENDMENT NO.
Paradee & Rep.
1 TO SENATE BILL NO.
Carson Rep.
42 AMEND Senate Bill No.
Dukes DELAWARE STATE SENATE 153rd GENERAL ASSEMBLY SENATE BILL NO.
42 on line 74 by deleting “January 26, 2025.” inserting in lieu thereof “February 9, 2025.”.
42 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.
FURTHER AMEND Senate Bill No.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
42 on line 75 by deleting “January 26, 2025.” and inserting in lieu thereof “February 9, 2025.”.
Section 1.
SYNOPSIS This Amendment changes the effective date of this Act and Senate Substitute No.
Amend § 5601, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 5601.
State Judiciary Retirement Fund;
contributions;
use;
division of benefits into plans.
(a) (1) There shall be established a State Judiciary Retirement Fund, hereinafter referred to as “Fund.” Each member who elects or who has elected the provisions of this chapter and:
a.
Who was first appointed to the state judiciary before July 1, 1980, and is a member covered by the closed plan, shall contribute $500 to the Fund each year for the first 25 years of service;
or b.
Who is a member covered by the revised plan before January 1, 2025, [the effective date of this Act] shall contribute to the Fund each year for the first 24 years of service an amount equal to 3% of annual compensation in excess of $6,000 up to the Social Security wage base, and 5% of total compensation in excess of the Social Security wage base.
Total compensation during any calendar year in excess of $6,000 may not be exempt from contributions;
or c.
Who is a member first covered by the revised plan on or after January 1, 2025, [the effective date of this Act], other than an individual who first becomes a member under § 5605(e)(2)b.
of this title, shall contribute to the Fund each year for the first 24 years of service an amount equal to 4% 5% of annual compensation in excess of $6,000 up to the Social Security wage base, and 5% of total compensation in excess of the Social Security wage base.
Total compensation during any calendar year in excess of $6,000 may not be exempt from contributions.
(2) Effective July 1, 1997, employee pension contributions made under this section are not subject to adjustment or recovery after the expiration of 3 full calendar years from December 31 of the year in which the contributions were made unless no contributions were paid during that calendar year.
Section 2.
Amend § 5605, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
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Acceptance of provisions;
result.
(a) (1) Each new state judicial officer may accept the provisions of this chapter by 1 of the following:
a.
Written declaration to that effect within 30 days following the member becoming a state judicial officer.
A member first appointed on or after July 1, 1980, is not required to file a written declaration as the member is covered under the revised plan.
b.
Through the authorization by the member to permit deductions for the contributions provided in § 5601 of this title.
(2) a.
The declaration of acceptance under paragraph (a)(1)a.
of this section must be filed with the Secretary of State.
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If the member accepts the provisions of this chapter through authorization of deductions for contributions under paragraph (a)(1)b.
of this section, the member shall thereafter file a written declaration with the Secretary of State.
b.
On filing of a declaration of acceptance by a state judicial officer or on authorization of deductions for contributions, whichever first occurs, the benefits of this chapter are available to the state judicial officer.
c.
A declaration of acceptance, or authorization of deductions for the contributions provided in § 5601 of this title, by a member first appointed on or after July 1, 1980, covers the member under the revised plan.
(b) A member first appointed before July 1, 1980, may elect to be covered by the revised plan by filing a declaration of acceptance with the Secretary of State.
Except as provided under subsection (e) of this section, a member first appointed on or after July 1, 1980, is required to participate in the revised plan as a condition of employment and is not required to file a written declaration or authorization of deductions.
(c) Any declaration of acceptance of this chapter or authorization of deductions for the contributions provided in § 5601 of this title as provided in subsection (a) of this section constitutes an authorization and direction by the state judicial officer making the declaration or authorization that if a certificate of permanent physical or mental disability of the state judicial officer is filed under § 5602(c) or § 5612(c) of this title, the certificate constitutes, without any further act by the state judicial officer, a resignation by the state judicial officer, effective immediately after the filing of the certificate.
(d) A declaration of acceptance filed or authorization of deductions for contributions made under this section is irrevocable.
(e) (1) A Justice of the Peace, Commissioner, or Magistrate in Chancery who first qualifies for the State Judicial Pension plan on January 1, 2025, [the effective date of this Act] may, under § 4 of Article XV of the Delaware Constitution, decline participation in the State Judicial Pension Plan and remain in the State Employee’s Pension Plan.
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A Justice of the Peace, Commissioner, or Magistrate in Chancery who exercises the right under paragraph (e)(1) of this section to decline participation in the State Judicial Pension Plan must do so in writing to the Board by January 31, 2025.
a date and in a manner determined by the Pension Administrator.
b.
A Justice of the Peace, Commissioner, or Magistrate in Chancery who first qualifies for the State Judicial Pension plan on [the effective date of this Act] and who opts to participate in the State Judicial Pension Plan or does not decline participation under paragraph (e)(2)a.
of this section shall contribute to the Fund each year for the first 24 years of service after joining the State Judicial Pension Plan at the rate applicable to the Justice of the Peace’s, Commissioner’s, or Magistrate in Chancery’s prior participation in the State Employee’s Pension Plan.
c.
A member of the state judiciary first covered by the State Judicial Pension Plan under paragraph (e)(2)b.
of this section who is subsequently appointed to a different position within the state judiciary shall thereafter contribute for the remaining 24 years of service an amount equal to 5% of annual compensation in excess of $6,000 up to the Social Security wage base, and 5% of total compensation in excess of the Social Security wage base.
(3) The exercise of the right under paragraph (e)(1) of this section is irrevocable.
(4) A Justice of the Peace, Commissioner, or Magistrate in Chancery who first qualifies for the State Judicial Pension Plan on January 1, 2025, [the effective date of this Act] and elects to be is covered by the State Judicial Pension Plan is entitled to a payout for accrued annual leave in incremental payments over a 5-year period, with the first payout to be completed by January 1, 2026.[the date that is 1 year from the effective date of this Act].
If termination of state service occurs before receiving the full accrued payout, the outstanding amount must be paid on termination.
Section 3.
Amend Chapter 446, Volume 84 of the Laws of Delaware by making deletions as shown by strike through and insertions as shown by underline as follows:
Section 11.
This Act takes effect on January 1, 2025.
January 26, 2025.
Section 4.
This Act takes effect on January 26, 2025.
SYNOPSIS After enactment of Senate Substitute No.
1 to Senate Bill No.
174 of the 152nd General Assembly (Chapter 446 of Volume 84 of the Laws of Delaware), it was discovered that Senate Substitute No.
1 to Senate Bill No.
174 would, if implemented, jeopardize the qualified federal tax status of the Delaware Public Employees Retirement System by giving individuals who are Justices of the Peace, Commissioners of the Superior Court, Family Court, and Court of Common Pleas (“Commissioners”), and Magistrates in Chancery (“Magistrates”), as of the effective date, an election to participate in the Judicial Pension Plan at a different rate of pre-tax contribution than presently required for those individuals under the State Employees’ Pension Plan (3% or 5%, depending on start date).
Based on this information, the Board of Pension Trustees voted unanimously on December 10, 2024, to delay implementation of Senate Substitute No.
174 (152nd General Assembly) to February 9, 2025.
174.
DLS :
MJC :
CM Page 3 of 4 Released:
01/09/2025 09:26 PM This Act does the following:
(1) Revises § 5601 and 5605 of Title 29 to allow for Justices of the Peace, Commissioners, and Magistrates who first qualify for the State Judicial Pension Plan on the effective date of this Act to elect to remain in the State Employees’ Pension Plan or participate in the State Judicial Pension Plan at the same pre-tax rate each individual was contributing under the State Employees’ Pension Plan (3% or 5%).
(2) Sets the mandatory pre-tax contribution rate of any subsequently appointed State judicial officer at 5%.
Any Justice of the Peace, Commissioner, or Magistrate as of the effective date who is appointed to a new position within the state judiciary after the effective date of this Act will also be subject to the mandatory 5% contribution rate.
(3) Delays the effective date of Senate Substitute No.
1 for Senate Bill No.
174 until January 26, 2025, the effective date of this Act.
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Action History

  1. Signed by Governor

  2. Passed By House. Votes: 37 YES 4 ABSENT

  3. Reported Out of Committee (Administration) in House with 5 On Its Merits

  4. Assigned to Administration Committee in House

  5. Passed By Senate. Votes: 19 YES 2 VACANT

  6. Amendment SA 1 to SB 42 - Passed By Senate. Votes: 19 YES 2 VACANT

  7. Reported Out of Committee (Executive) in Senate with 7 On Its Merits

  8. Re-Assigned to Executive Committee in Senate

  9. Introduced and Assigned to Judiciary Committee in Senate

Sponsors

Sponsorship breakdown

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3 sponsors · 0 co-sponsors · 59 not signed on

Sponsors (3)

Co-sponsors (0)

None.

Not signed on (59)

59 members have not signed on to this bill.

Show all 59 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 37 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 25001
Republican 12002
Unaffiliated 0001
Total 37004
% of votes cast 90%0%0%10%
How each member voted (41)
Member Party Vote
Stell Parker Selby — Not Voting
Claire Snyder-Hall Democratic Yea
Cyndie Romer Democratic Yea
DeShanna U Neal Democratic Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Frank Burns Democratic Yea
Franklin D. Cooke Democratic Yea
Josue O Ortega Democratic Yea
Kamela T Smith Democratic Yea
Kendra Johnson Democratic Yea
Kerri Evelyn Harris Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Mara Gorman Democratic Yea
Melanie Ross Levin Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Not Voting
Sherae'a Moore Democratic Yea
Sophie Phillips Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
Jeff Hilovsky Republican Yea
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Not Voting
Kevin S Hensley Republican Not Voting
Lyndon D. Yearick Republican Yea
Michael F. Smith Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Shannon Morris Republican Yea
Timothy D. Dukes Republican Yea
Valerie Jones Giltner Republican Yea

Official roll call →

SM

Passed 19 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 13000
Republican 6000
Total 19000
% of votes cast 100%0%0%0%
How each member voted (19)
Member Party Vote
Bryan Townsend Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Kyra L. Hoffner Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
Russell Huxtable Democratic Yea
S. Elizabeth Lockman Democratic Yea
Spiros Mantzavinos Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Yea
David L. Wilson Republican Yea
Eric Buckson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

Subjects

finance labor
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Frequently asked questions

What does SB 42 do?
After enactment of Senate Substitute No. 1 to Senate Bill No. 174 of the 152nd General Assembly (Chapter 446 of Volume 84 of the Laws of Delaware), it was discovered that Senate Substitute No. 1 to Senate Bill No. 174 would, if implemented, jeopardize the qualified federal tax status of the Delaware Public Employees Retirement System by giving individuals who are Justices of the Peace, Commissioners of the Superior Court, Family Court, and Court of Common Pleas (“Commissioners”), and Magistrates in Chancery (“Magistrates”), as of the effective date, an election to participate in the Judicial Pension Plan at a different rate of pre-tax contribution than presently required for those individuals under the State Employees’ Pension Plan (3% or 5%, depending on start date). Based on this information, the Board of Pension Trustees voted unanimously on December 10, 2024, to delay implementation of Senate Substitute No. 1 for Senate Bill No. 174. This Act does the following: (1) Revises § 5601 and 5605 of Title 29 to allow for Justices of the Peace, Commissioners, and Magistrates who first qualify for the State Judicial Pension Plan on the effective date of this Act to elect to remain in the State Employees’ Pension Plan or participate in the State Judicial Pension Plan at the same pre-tax rate each individual was contributing under the State Employees’ Pension Plan (3% or 5%). (2) Sets the mandatory pre-tax contribution rate of any subsequently appointed State judicial officer at 5%. Any Justice of the Peace, Commissioner, or Magistrate as of the effective date who is appointed to a new position within the state judiciary after the effective date of this Act will also be subject to the mandatory 5% contribution rate. (3) Delays the effective date of Senate Substitute No. 1 for Senate Bill No. 174 until January 26, 2025, the effective date of this Act.
Who sponsors SB 42?
SB 42 is sponsored by Timothy D. Dukes (Republican), William J. Carson (Democratic), and Trey Paradee (Democratic).
What is the current status of SB 42?
This bill has been enacted into law. Introduced January 10, 2025. Enacted.
Where can I track SB 42?
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