AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO EDUCATION EMPLOYEES' RETIREMENT AND DISABILITY PENSIONS.

Plain English Breakdown

Checked against official source text during the last sync.

Denial of Retirement Benefits for Education Employees Convicted of Child Sex Crimes

This bill stops education employees from getting retirement or disability benefits if they are convicted of specific crimes against children or flee the country to avoid prosecution.

What This Bill Does

• Removes eligibility for retirement and disability benefits for certain education workers who commit child sex offenses.
• Lists sexual abuse, sexual solicitation, and promoting sexual solicitation of a child as reasons to deny benefits after conviction.
• Denies benefits if an employee is under indictment for these crimes and stays outside the United States for more than one month to avoid trial.

Who It Names or Affects

• Employees of the State Department of Education
• Workers in state school districts, including teachers and staff
• Staff at the University of Delaware, Delaware State University, or Delaware Technical and Community College

Terms To Know

Indictment

A formal charge that a person has committed a crime.

Survivor or beneficiary

Family members who would receive benefits if the employee dies before retirement.

Limits and Unknowns

• The bill does not say when it will officially start taking effect.
• It only covers specific crimes against children and does not mention other types of criminal convictions.

Official Summary Text

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO EDUCATION EMPLOYEES' RETIREMENT AND DISABILITY PENSIONS.
This bill denies retirement and disability benefits to Education employees if they were convicted of sexual abuse of a child, sexual solicitation of a child, or promoting sexual solicitation of a child. It also clarifies that benefits will be denied if an individual is under indictment for such offenses and remains outside the United States for more than 1 month to avoid prosecution.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Shupe & Sen. Lawson

Rep. Hilovsky

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 113

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO EDUCATION EMPLOYEES' RETIREMENT AND DISABILITY PENSIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 55, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 5535. Denial of benefits to education employees.

(a) Any sections of this chapter to the contrary notwithstanding, “employees” as used in this section applies to individuals who are employed by the State Department of Education, a school district which is part of the state school system, the University of Delaware, Delaware State University, or Delaware Technical and Community College.

(b) An employee, or survivor or beneficiary of an employee, who may otherwise be qualified to receive retirement or disability benefits as outlined in this chapter, shall not be permitted to receive these benefits following their conviction of sexual abuse of a child, sexual solicitation of a child, or promoting sexual solicitation of a child.

(c) Benefits are also denied to an individual under indictment for such an offense and willfully remains outside the United States for more than 1 month to avoid prosecution.

SYNOPSIS

This bill denies retirement and disability benefits to Education employees if they were convicted of sexual abuse of a child, sexual solicitation of a child, or promoting sexual solicitation of a child. It also clarifies that benefits will be denied if an individual is under indictment for such offenses and remains outside the United States for more than 1 month to avoid prosecution.