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Enacted

Delaware adjusts pension contribution rates for judges and magistrates to protect tax status

Original title: 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 · February 7, 2025: Signed by GovernorSponsors: Trey Paradee and 2 others

Introduced
Committee
Floor Vote
Passed
Law

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Public stanceCommunity reactions are separate from the official record and reporting.

What This Bill Does

This law allows certain newly qualifying Justices of the Peace, Commissioners, and Magistrates to choose between remaining in the State Employees' Pension Plan or joining the State Judicial Pension Plan at their existing of 3% or 5%. It sets a mandatory 5% pre-tax contribution rate for any subsequently appointed judicial officers or existing judicial officers who take a new position after the effective date. Additionally, it delays the implementation date of Senate Substitute No. 1 for Senate Bill No. 174 to January 26, 2025.

Why it matters

The measure directly alters retirement plan choices and pre-tax contribution percentages for state judicial officers and magistrates to prevent the state pension system from losing its .

Background
  • The measure modifies contribution rules previously established under Senate Substitute No. 1 for Senate Bill No. 174 from the 152nd General Assembly. context
  • The Board of Pension Trustees voted unanimously on December 10, 2024, to delay implementation after discovering potential impacts on federal tax status. context

Who It Affects

Groups the bill's text affects, as described in the record. Being affected is not a position for or against it.

Directly affected

Justices of the Peace, Commissioners, and Magistrates

Judicial officers and magistrates receive new contribution rate election options and face mandatory contribution rules for future appointments.

Directly affected

Board of Pension Trustees

The board implements the delayed effective date and administers the revised pension contribution options.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

Who is eligible to choose their pension contribution rate under this act?
Justices of the Peace, Commissioners of the Superior Court, Family Court, and Court of Common Pleas, and Magistrates in Chancery who first qualify for the State Judicial Pension Plan on the effective date of the act.
What is the mandatory contribution rate for newly appointed judicial officers?
The mandatory is set at 5% for any subsequently appointed State judicial officer.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

Current status: Signed into law.

Procedural history

9 actions
  1. Feb 7, 2025Office of the GovernorEnrolled
    Signed by Governor
  2. Jan 30, 2025HouseFloor
    Passed By House. Votes: 37 YES 4 ABSENT
  3. Jan 29, 2025HouseCommittee
    Reported Out of Committee (Administration) in House with 5 On Its Merits
  4. Jan 22, 2025HouseIntroduced
    Assigned to Administration Committee in House
  5. Jan 21, 2025SenateFloor
    Passed By Senate. Votes: 19 YES 2 VACANT
  6. Jan 21, 2025SenateCommittee
    Amendment SA 1 to SB 42 - Passed By Senate. Votes: 19 YES 2 VACANT
Show 3 earlier actions
  1. Jan 15, 2025SenateCommittee
    Reported Out of Committee (Executive) in Senate with 7 On Its Merits
  2. Jan 14, 2025SenateIntroduced
    Re-Assigned to Executive Committee in Senate
  3. Jan 10, 2025SenateIntroduced
    Introduced and Assigned to Judiciary Committee in Senate

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Voting Record

Motion succeededHouse1/30/2025Open StatesOfficial roll call ↗

SM

Total

37

Yes
37
No
0
Present
0
Not voting
0
Abstain
0

How they voted (37)

13 more members
Show 1 earlier roll call

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift95% confidence

Corrective Pension Legislation

The act was rapidly introduced to correct an unintended federal tax compliance risk created by the enactment of Senate Substitute No. 1 for Senate Bill No. 174.

Connected Entities

Family Court, Court of Common Pleas, Superior Court and 2 more
OrganizationFamily Court“Court employing commissioners affected by the pension rules”Map →
OrganizationCourt of Common Pleas“Court employing commissioners affected by the pension rules”Map →
OrganizationSuperior Court“Court employing commissioners affected by the pension rules”Map →
OrganizationDelaware Public Employees Retirement System“Retirement system whose qualified federal tax status is protected by the act”Map →
OrganizationBoard of Pension Trustees“Board that voted unanimously on December 10, 2024, to delay implementation of pr”Map →

Sources

Open source document

legis.delaware.gov

Analysis Score

0–100
  • Significance65
    How much this matters to a regular citizen
  • Controversy10
    Intensity of disagreement among stakeholders
  • Entertainment5
    Compellingness for a non-policy-wonk reader
  • Buzz20
    Current news / social attention level

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