SB 42 DE

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Became Law

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.

• Trey Paradee Democratic · primary
• William J. Carson Democratic · primary
• Timothy D. Dukes Republican · primary

1. Jan 10, 2025 Introduced and Assigned to Judiciary Committee in Senate · upper
2. Jan 14, 2025 Re-Assigned to Executive Committee in Senate · upper
3. Jan 15, 2025 Reported Out of Committee (Executive) in Senate with 7 On Its Merits · upper
4. Jan 21, 2025 Amendment SA 1 to SB 42 - Passed By Senate. Votes: 19 YES 2 VACANT · upper
5. Jan 21, 2025 Passed By Senate. Votes: 19 YES 2 VACANT · upper
6. Jan 22, 2025 Assigned to Administration Committee in House · lower
7. Jan 29, 2025 Reported Out of Committee (Administration) in House with 5 On Its Merits · lower
8. Jan 30, 2025 Passed By House. Votes: 37 YES 4 ABSENT · lower
9. Feb 7, 2025 Signed by Governor · executive