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HS1FORHB113 • 2025

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

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

Children Education Labor
Passed Legislature

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

Sponsor
Shupe
Last action
2025-06-25
Official status
Out of Committee 5/20/25
Effective date
Not listed

Plain English Breakdown

The official source does not provide information on what happens to individuals who lose their pension but do not have family members needing survivor benefits.

Denying Pension Benefits for Convicted Educators

This act changes Delaware's education employees' retirement and disability pension rules by denying state contributions to pensions if an employee is convicted of certain crimes against children related to their job.

What This Bill Does

  • Changes the law so that people who work in schools or for the Department of Education won't get money from the state for their pension if they are found guilty of specific crimes against kids while at work.
  • Lists four types of crimes (11 Del C. 1108, 11 Del C. 1112A, 11 Del C. 1112B, and 11 Del C. 1112C) that can lead to losing pension benefits.
  • Allows the state to stop giving money for a person's own contributions if they are found guilty of these crimes.

Who It Names or Affects

  • People who work in Delaware schools or for the Department of Education.

Terms To Know

Pension
Money given by a company or government after someone stops working, usually because they are old enough to retire.
Survivor Benefits
Money that family members can get if someone who was supposed to receive pension benefits dies before getting them.

Limits and Unknowns

  • The bill does not specify when it will start working.
  • It only affects people employed by the Department of Education or certain schools, not all workers in Delaware.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HA 1

1 • Morrison

PWB 5/21/25

Plain English: Legislation Document SPONSOR: Rep.

  • Legislation Document SPONSOR: Rep.
  • Morrison HOUSE OF REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE AMENDMENT NO.
  • 1 TO HOUSE SUBSTITUTE NO.
  • 1 FOR HOUSE BILL NO.
HA 2

2 • Morrison

PWB 6/5/25

Plain English: The amendment changes a bill about education employees' retirement and disability pensions by including state police in the same pension rules.

  • Removes the word 'education' from line 3 of the original bill text.
  • Adds new language after line 19 to include State Police Retirement Fund under similar pension rules.
  • The exact impact on state police pensions is not detailed in this amendment and would require further information.
HA 3

3 • Morrison

PWB 6/5/25

Plain English: The amendment changes a bill about education employees' retirement by adding new rules that apply to police and firefighters in Delaware County.

  • Removes the word 'education' from line 3 of the original bill text.
  • Adds a new section (d) after line 19, which includes police and firefighters in Delaware County under the same pension rules as education employees.
  • The exact impact on current or future pension plans for police and firefighters is not detailed beyond applying similar rules to those of education employees.
HA 4

4 • Shupe

PWB 6/25/25

Plain English: The amendment changes the rules for education employees who are not allowed to receive certain pensions or interest on their contributions.

  • Removes the prohibition on receiving state's contribution to a pension and interest on personal contributions, allowing individuals to get back their own contributions but not service or disability pensions.
  • Eliminates the requirement that an individual must complete an application before being eligible for certain benefits.
  • The amendment does not specify how survivor benefits will be handled if the individual dies before completing the required application, which may leave some uncertainties.

Bill History

  1. 2025-06-25 Delaware General Assembly

    Amendment HA 4 to HS 1 - Introduced and Placed With Bill

  2. 2025-06-05 Delaware General Assembly

    Amendment HA 3 to HS 1 - Introduced and Placed With Bill

  3. 2025-06-05 Delaware General Assembly

    Amendment HA 2 to HS 1 - Introduced and Placed With Bill

  4. 2025-05-21 Delaware General Assembly

    Amendment HA 1 to HS 1 - Introduced and Placed With Bill

  5. 2025-05-20 Delaware General Assembly

    was introduced and adopted in lieu of HB 113

Official Summary Text

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO EDUCATION EMPLOYEES' RETIREMENT AND DISABILITY PENSIONS.
This bill denies the state’s contribution to an individual’s pension if they were employed by the Department of Education of various school systems if they are convicted of various crimes against children. The acts must be in connection with the individual’s employment. Survivors of the individual shall still be entitled to survivor benefits.

Current Bill Text

Read the full stored bill text
Legislation Document

SPONSOR:

Rep. Shupe & Sen. Lawson

Rep. Hilovsky

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE SUBSTITUTE NO. 1

FOR

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 29, Title 55 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) This section applies to any individual 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 individual who would otherwise be eligible to receive a service or disability pension as provided in this chapter shall not be entitled or permitted to receive the state’s contribution to such pension, or interest upon the individual’s own contribution, following the Executive Secretary’s receipt of a written notification from the individual’s employer (or former employer) certifying that:

(i) The individual has been convicted under one or more of the following statutes: 11 Del C. 1108, 11 Del

C. 1112A , 11 Del C. 1112B, or 11 Del C. 1112C;

(ii) The conviction was based on acts carried out pursuant to or in connection with the individual’s employment; and

(iii) The conviction occurred after [the effective date].

(c) The survivor of any individual denied a pension under this section shall be entitled to receive the survivor benefits described in this chapter following the death of such individual, provided the individual has completed an application as required under § 5531 and such individual has not received the withdrawal benefit provided by § 5530 of this Title.

SYNOPSIS

This bill denies the state’s contribution to an individual’s pension if they were employed by the Department of Education of various school systems if they are convicted of various crimes against children. The acts must be in connection with the individual’s employment. Survivors of the individual shall still be entitled to survivor benefits.