SB 14 — AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE EMPLOYEES' PENSION PLAN.

Ennis DELAWARE& STATESen. SENATE 151st GENERAL ASSEMBLY SENATE AMENDMENT NO.

1Brown TO& SENATERep. SUBSTITUTE NO.

Bolden & Rep.

Carson & Rep.

Lynn & Rep.

Ramone & Rep.

Smyk Sens.

Hansen, Lopez, Mantzavinos, Paradee, Pettyjohn, Richardson, Townsend, Wilson;

Reps.

Brady, Bush, Dorsey Walker, Mitchell, Osienski, D.

Short, Michael Smith DELAWARE STATE SENATE 151st GENERAL ASSEMBLY SENATE SUBSTITUTE NO.

14 AN ACT TO AMEND SenateTITLE Substitute29 No.OF THE DELAWARE CODE RELATING TO THE STATE EMPLOYEES' PENSION PLAN.

1BE toIT SenateENACTED BillBY No.THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

14Section by1. deleting lines 3 and 4 in their entirety and substituting in lieu thereof the following:

“(r)Amend Any§5532, monthlyChapter service,55, disability,Title and29 survivorof pensionthe increaseDelaware basedCode onby amaking formerdeletions serviceas orshown disabilityby pensionstrike shallthrough notand exceedinsertions theas fundingshown ofby theunderline Post”as FURTHERfollows: AMEND Substitute No.

1(r) Any monthly service, disability, and survivor pension based on a former service or disability pension shall be increased as determined by the Board of Pension Trustees, the funding of which shall not exceed the funding of the Post Retirement Fund established in § 5548 of this Chapter and shall provide those pensioners who retired more than 20 years prior to Senatethe Billdate No.of the pension increase to be granted an increase at least two times those pensioners who retired less than 20 years prior to the initial date of the pension increase.

14Section by2. deleting the last sentence of the Synopsis.

SYNOPSISThe Thisincreases amendmentprovided removesby thethis languageAct inshall Senatenot Substituteapply No.to pensions awarded under §5527(d)(1), Chapter 55, of this title.

1Section to3. Senate Bill No.

14Amend and§ in5544, theChapter Synopsis55, thatTitle refers29 toof the BoardDelaware ofCode, Pensionby Trustees making adeletions determinationas aboutshown aby pensionstrike increase.through and insertions as shown by underline as follows:

(t)(1) The State’s obligation to the State Employees’ Pension Plan, the State Judiciary Retirement Fund, and the New State Police Retirement Fund to implement the provisions of §5532(r) of this Chapter shall be the payments required to amortize the unfunded accrued liability of each increase granted pursuant to that section.

(2) The State’s obligation to the Special Pension Fund authorized by Volume 61, Chapter 455, Laws of Delaware, to implement the provisions of §5532(r) of this title shall be treated as an actuarial loss during the next actuarial valuation process of the Special Pension Fund.

Section 4.

Amend §5548, Chapter 55, Title 29, Delaware Code, by making deletions as shown by strike through and insertions as shown by underline as follows:

SD :

FJM :

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03/07/2022 03:44 PM (a)(2) The Board of Pension Trustees shall review the balance in the Post Retirement Fund at the end of each fiscal year and make any recommendations for adjustments in the funding rate for the succeeding any future fiscal year to ensure that the balance in this fund, net of liabilities, does not exceed 2.5% rate be sufficient to fund post retirement increases authorized in § 5532 of this Chapter;

however in no case shall the rate be less than 2.33% of the total projected covered payroll of the State Employees’ Pension Plan (Chapter 55 of Title 29), the State Judiciary Plan (Chapter 56 of Title 29), and the new State Police Pension Plan (Chapter 83 of Title 11).

(b) In the event that the General Assembly shall introduce legislation proposing post retirement increases, the Board of Pension Trustees shall review each such proposal to determine if sufficient funds are projected to be available in the Post Retirement Fund to provide the funding necessary to fund the increase over a 5-year period.

in accordance with the language in Section 74 of the epilogue to the FY 2022 Budget Act.

If the Board determines that insufficient funds will be available to fund the increase, they will notify the Governor and the General Assembly that an additional appropriation will be required in order to provide the post retirement increase being proposed.

SYNOPSIS This bill provides a mechanism to grant pension increases to retired State Employees, retired Judges, and retired “New” State police.

This bill dedicates a minimum of 2.33% of payroll to be deposited annually to the Post Retirement Fund.

This bill also provides for a pension increase as determined by the Board of Pension Trustees.

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