DE SB 42
enactedAN 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.
Delaware · 2025-2026 Regular Session (153rd General Assembly) · upper
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Quick answers
Did DE SB 42 pass?
Yes. DE SB 42 has been enacted into law. Latest recorded action (2025-02-07): Signed by Governor
What is DE SB 42 about?
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 DE SB 42?
Timothy D. Dukes, William J. Carson, Trey Paradee are the primary sponsors of DE SB 42, joined by 1 cosponsor.
Description
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.
- Introduced
- 2025-01-10
- Latest action
- 2025-02-07 — Signed by Governor
- Bill type
- bill
- Last updated
- —
Sponsors
- Timothy D. Dukesprimary
- William J. Carsonprimary
- Trey Paradeeprimary
- Timothy D. Dukescosponsor
Committees
Not provided by source.
Action timeline
Newest first
2025-02-07
Signed by Governor
executive-signature
2025-01-30
Passed By House. Votes: 37 YES 4 ABSENT
passage
2025-01-29
Reported Out of Committee (Administration) in House with 5 On Its Merits
committee-passage
2025-01-22
Assigned to Administration Committee in House
introduction,referral-committee
2025-01-21
Passed By Senate. Votes: 19 YES 2 VACANT
passage
2025-01-21
Amendment SA 1 to SB 42 - Passed By Senate. Votes: 19 YES 2 VACANT
amendment-passage
2025-01-15
Reported Out of Committee (Executive) in Senate with 7 On Its Merits
committee-passage
2025-01-14
Re-Assigned to Executive Committee in Senate
introduction,referral-committee
2025-01-10
Introduced and Assigned to Judiciary Committee in Senate
introduction,referral-committee
Versions
Documents
Votes
SM
2025-01-21 · pass · 19-0
Member-level votes (19)
- Darius J. Brown: yes
- Eric Buckson: yes
- Stephanie L. Hansen: yes
- Gerald W. Hocker: yes
- Kyra L. Hoffner: yes
- Russell Huxtable: yes
- Dave G. Lawson: yes
- S. Elizabeth Lockman: yes
- Spiros Mantzavinos: yes
- Trey Paradee: yes
- Brian Pettyjohn: yes
- Marie Pinkney: yes
- Nicole Poore: yes
- Bryant L. Richardson: yes
- David P. Sokola: yes
- Laura V. Sturgeon: yes
- Bryan Townsend: yes
- John "Jack" Walsh: yes
- David L. Wilson: yes
SM
2025-01-30 · pass · 37-0
Member-level votes (41)
- Stephanie T. Bolden: yes
- Frank Burns: yes
- William Bush: yes
- William J. Carson: yes
- Nnamdi O. Chukwuocha: yes
- Richard G. Collins: yes
- Franklin D. Cooke: yes
- Daniel B. Short: yes
- Timothy D. Dukes: yes
- Mara Gorman: yes
- Ronald E. Gray: yes
- Krista Griffith: yes
- Kerri Evelyn Harris: yes
- Debra Heffernan: yes
- Kevin S Hensley: other
- Jeff Hilovsky: yes
- Valerie Jones Giltner: yes
- Kendra Johnson: yes
- Kimberly Williams: yes
- Kamela T Smith: yes
- Larry Lambert: yes
- Sean M. Lynn: other
- Michael F. Smith: yes
- Melissa Minor-Brown: yes
- Shannon Morris: yes
- Eric Morrison: yes
- DeShanna U Neal: yes
- Josue O Ortega: yes
- Edward S. Osienski: yes
- Stell Parker Selby: other
- Sophie Phillips: yes
- Charles S Postles Jr.: yes
- Cyndie Romer: yes
- Melanie Ross Levin: yes
- Sherae'a Moore: yes
- Bryan W. Shupe: yes
- Claire Snyder-Hall: yes
- Jeffrey N. Spiegelman: yes
- Jesse R. Vanderwende: other
- Madinah Wilson-Anton: yes
- Lyndon D. Yearick: yes
Related bills
No related bills recorded for this bill.
Official source
Attribution
Data from openstates_api_sync, retrieved 2026-10-25T23:19:32.446274Z
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