Delaware 149th General Assembly (2017-2018) Status: In Committee 1 D cosponsors

HB 477 — AN ACT TO AMEND TITLE 29 RELATING TO THE STATE EMPLOYEES' PENSION PLAN.

Last action — Tabled in Committee

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

This bill died with 149th General Assembly (2017-2018). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

This Act provides a post-2011 employee who relied on misinformation that the employee would have a vested right to a reduced pension if the employee can prove, by a preponderance of the evidence, that the employee: (a) Was employed by a non-State employer. (b) While employed by a non-State employer, the employee vested in a pension plan that would pay the employee a greater amount than the employee projected to be payable to the employee as a post 2011-employee, based on the employment under which the employee first became a post-2011 employee. (c) But for the employee’s reasonable understanding that the employee would vest in a pension as a pre-2011 employee, the employee would not have resigned from employment with the non-State employer. Under this Act, the Board of Pension Trustee’s Executive Secretary makes the determination whether a post-2011 employee qualifies for a pension as a pre-2011 employee, and Executive Secretary’s determination is appealable to the Board. If the Executive Secretary determines that a post-2011 employee has met the standard for vested in a pension as a pre-2011 employee, when the employee has 5 years of qualifying credited service and is 62 years or older, the employee is eligible to receive a pension that is reduced by 4/10 percent of each month the employee has less than 15 years. This Act takes effect January 1, 2019.

Bill Text

Action History

  1. Tabled in Committee

  2. Introduced and Assigned to Administration Committee in House

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 60 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (60)

60 members have not signed on to this bill.

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"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.

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Subjects

finance labor
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Frequently asked questions

What does HB 477 do?
This Act provides a post-2011 employee who relied on misinformation that the employee would have a vested right to a reduced pension if the employee can prove, by a preponderance of the evidence, that the employee: (a) Was employed by a non-State employer. (b) While employed by a non-State employer, the employee vested in a pension plan that would pay the employee a greater amount than the employee projected to be payable to the employee as a post 2011-employee, based on the employment under which the employee first became a post-2011 employee. (c) But for the employee’s reasonable understanding that the employee would vest in a pension as a pre-2011 employee, the employee would not have resigned from employment with the non-State employer. Under this Act, the Board of Pension Trustee’s Executive Secretary makes the determination whether a post-2011 employee qualifies for a pension as a pre-2011 employee, and Executive Secretary’s determination is appealable to the Board. If the Executive Secretary determines that a post-2011 employee has met the standard for vested in a pension as a pre-2011 employee, when the employee has 5 years of qualifying credited service and is 62 years or older, the employee is eligible to receive a pension that is reduced by 4/10 percent of each month the employee has less than 15 years. This Act takes effect January 1, 2019.
Who sponsors HB 477?
HB 477 is sponsored by Sean M. Lynn (Democratic) and Brian J. Bushweller.
What is the current status of HB 477?
This bill died with 149th General Assembly (2017-2018). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 477?
Track HB 477 free on One Click Politics — get push/email alerts when it moves.

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