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HB257 • 2025

AN ACT TO AMEND TITLES 11 AND 29 OF THE DELAWARE CODE RELATING TO STATE PENSIONS AND CHILD SEXUAL OFFENSES.

AN ACT TO AMEND TITLES 11 AND 29 OF THE DELAWARE CODE RELATING TO STATE PENSIONS AND CHILD SEXUAL OFFENSES.

Children Crime Labor
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Harris
Last action
2025-12-18
Official status
House Administration 12/18/25
Effective date
Not listed

Plain English Breakdown

The effective date is listed as blank in the official metadata and marked with a placeholder '[the effective date of this Act]' in the text.

HB257: Pension Rules for Child Sexual Offenses

This bill changes Delaware law so that public employees convicted of child sexual offenses connected to their job may lose the state's share of their pension and have part of their remaining payments sent to victims.

What This Bill Does

  • Requires state, judicial, county, or municipal employees who commit qualifying crimes to forfeit only the portion of their pension paid by the government (the state's contribution).
  • Allows courts to order that up to 25% of a misdemeanor offender's pension payments go to victims for restitution.
  • Allows courts to order that up to 50% of a felony offender's pension payments go to victims for restitution.
  • Requires the Board of Pension Trustees to create rules so they can follow court orders about these payments.
  • Updates existing laws to allow pensions, which are usually protected from being taken by others, to be used in this specific situation.

Who It Names or Affects

  • State employees covered under Title 11 of the Delaware Code
  • Judicial employees covered under Chapter 53 of Title 29
  • County and municipal employees covered under Chapters 55, 55A, or 56 of Title 29
  • Victims of sexual offenses committed by these public employees

Terms To Know

Qualifying offense
A sexual crime against a child that happened because the employee used their job to commit it.
Restitution
Money paid by the person who committed the crime to help pay for harm done to the victim.
State's contribution
The part of a pension that comes from taxpayer money rather than the employee's own paycheck savings.

Limits and Unknowns

  • This law only applies to convictions for crimes committed after the date this bill becomes effective.
  • Courts must find proof by a preponderance of evidence that the crime was connected to or helped by the employee's job before taking pension money.
  • The exact rules on how pension boards will handle these court orders are not written in this text and must be created later.

Bill History

  1. 2025-12-18 Delaware General Assembly

    Introduced and Assigned to Administration Committee in House

Official Summary Text

AN ACT TO AMEND TITLES 11 AND 29 OF THE DELAWARE CODE RELATING TO STATE PENSIONS AND CHILD SEXUAL OFFENSES.
This Act provides for forfeiture of the state’s contribution to a state, judicial, county, or municipal employee’s pension if that employee is convicted of a sexual offense against a child and the offense was in connection with or aided by the employee’s position. It further provides that if a state, judicial, county, or municipal employee is convicted of a sexual offense against a child and the Court finds the offense was committed in connection with or aided by the employee's position, the Court may assign portions of the employee’s pension to the victim of the crime for restitution.

Current Bill Text

Read the full stored bill text 
Legislation Document

SPONSOR:

Rep. Harris & Sen. Poore & Sen. Hoffner

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 257

AN ACT TO AMEND TITLES 11 AND 29 OF THE DELAWARE CODE RELATING TO STATE PENSIONS AND CHILD SEXUAL OFFENSES.

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

Section 1. Amend Part II, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4108. Child Abuse Pension Attachment.

(a) When a person receives or will be entitled to receive a pension under Chapter 88 of Title 11 or Chapter 53, 55, 55A, or 56 of Title 29, and is convicted of a qualifying offense, the Court may, in its discretion, direct that the pension is assignable to the victim of the offense as set forth in this section upon a finding by a preponderance of the evidence that the offense was committed in connection with or was aided by the position

of the offender that entitled the offender to the pension. “Qualifying offense” for the purposes of this section means a sexual offense as defined in § 761(i) of this title committed against a child.

(b) The Court may assign the pension as follows:

(1) Where the qualifying offense is a misdemeanor, assign up to 25% of each pension distribution up to the limit of the total restitution owed, until satisfied.

(2) Where the qualifying offense is a felony, assign up to 50% of each pension distribution up to the limit of the total restitution owed, until satisfied.

(c) The Board of Pension Trustees must make regulations to implement court orders under this section.

Section 2. Amend Part V, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 8803. Garnishment and assignment of benefits prohibited.

Except for orders of the Delaware Family Court for a sum certain payable on a periodic

basis,

basis and under § 4108 of Title 11,

the benefits provided by this chapter shall not be subject to attachment or execution and shall be payable only to the beneficiary designated and shall not be subject to assignment or transfer.

Section 3. Amend Chapter 51, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 5127. Denial of benefits to employees convicted of certain crimes.

(a) A person who would otherwise be eligible to receive a service or disability pension as provided in Chapter 88 of Title 11 or Chapter 53, 55, 55A, or 56 of Title 29 is not entitled or permitted to receive the state’s contribution to the pension, but is entitled or permitted to receive the person’s own contribution to the pension, following the Executive Secretary’s receipt of a written notification from the person’s employer (or former employer) certifying all of the following:

(1) The person has been convicted of a sexual offense as defined in § 761(i) of this title committed against a child or equivalent offense in another state.

(2) The conviction was based on acts committed in connection with or aided by the offender’s position.

(3) The conviction occurred after [the effective date of this Act].

(b) The survivor of any person denied a pension under this section is entitled to receive the survivor benefits described in this chapter following the death of such person, provided the person has not received the withdrawal benefit provided by § 5530 of this title.

Section 4. Amend § 5304, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 5304. Attachment and assignment of benefits.

Except for orders of the Delaware Family Court for a sum certain payable on a periodic

basis,

basis and under § 4108 of Title 11,

the benefits provided by this chapter shall not be subject to attachment or execution and shall be payable only to the beneficiary designated and shall not be subject to assignment or transfer.

Section 5. Amend § 5503, Chapter 55, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 5503. Attachment and assignment of benefits.

Except for orders of the Delaware Family Court for a sum certain payable on a periodic

basis

basis, under § 4108 of Title 11,

or for benefits payable under § 5546 of this title, the benefits provided by this chapter shall not be subject to attachment or execution and shall be payable only to the beneficiary designated and shall not be subject to assignment or transfer.

Section 6. Amend § 5553, Chapter 55A, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 5553. Attachment and assignment of benefits.

Except for orders of the Delaware Family Court for a sum certain payable on a periodic

basis,

basis and under

§ 4108 of Title 11,

the benefits provided by this chapter shall not be subject to attachment or execution and shall be payable only to the beneficiary designated and shall not be subject to assignment or transfer.

Section 7. Amend § 5620, Chapter 56, Title 29 of the Delaware Code by making deletions a shown by strike through and insertions as shown by underline as follows:

§ 5620. Attachment and assign of benefits.

Except for orders of the Delaware Family Court for a sum certain payable on a periodic

basis,

basis and under § 4108 of Title 11,

the benefits provided by this chapter shall not be subject to attachment or execution and shall be payable only to the beneficiary designated and shall not be subject to assignment or transfer.

SYNOPSIS

This Act provides for forfeiture of the state’s contribution to a state, judicial, county, or municipal employee’s pension if that employee is convicted of a sexual offense against a child and the offense was in connection with or aided by the employee’s position. It further provides that if a state, judicial, county, or municipal employee is convicted of a sexual offense against a child and the Court finds the offense was committed in connection with or aided by the employee's position, the Court may assign portions of the employee’s pension to the victim of the crime for restitution.