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SB136 • 2025

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE GOVERNMENT AND THE STATE EMPLOYEES’ PENSION PLAN.

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE GOVERNMENT AND THE STATE EMPLOYEES’ PENSION PLAN.

Labor
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Sokola
Last action
2025-07-30
Official status
Signed 7/30/25
Effective date
Not listed

Plain English Breakdown

The exact effective date of the changes is not specified in the provided official source material.

Changes to State Pension Plan for Elected Officials

This act changes the pension calculation method for members of the Delaware General Assembly elected after February 28, 2025.

What This Bill Does

  • Updates the pension calculation method for newly elected members of the General Assembly.
  • Removes the previous formula that multiplied years of service by the highest rate paid to retired members.
  • Requires new members to use a different section (§ 5527(a)(1)) to calculate their pensions starting February 28, 2025.

Who It Names or Affects

  • Members of the Delaware General Assembly elected on or after February 28, 2025.
  • Retired members of the General Assembly who were previously affected by the old pension calculation method.

Terms To Know

General Assembly
The legislative branch of Delaware's state government.
Pension Plan
A retirement benefit plan that provides income to retired employees based on their years of service and salary.

Limits and Unknowns

  • Does not specify the exact date when the changes will take effect.
  • The new pension calculation method (§ 5527(a)(1)) is not detailed in this summary, so its specifics are unknown.

Bill History

  1. 2025-07-30 Delaware General Assembly

    Signed by Governor

  2. 2025-06-30 Delaware General Assembly

    Passed By House. Votes: 40 YES 1 VACANT

  3. 2025-06-18 Delaware General Assembly

    Reported Out of Committee (Administration) in House with 5 On Its Merits

  4. 2025-06-12 Delaware General Assembly

    Passed By Senate. Votes: 18 YES 1 NOT VOTING 2 ABSENT

  5. 2025-06-12 Delaware General Assembly

    Assigned to Administration Committee in House

  6. 2025-06-11 Delaware General Assembly

    Reported Out of Committee (Executive) in Senate with 6 On Its Merits

  7. 2025-05-13 Delaware General Assembly

    Introduced and Assigned to Executive Committee in Senate

Official Summary Text

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE GOVERNMENT AND THE STATE EMPLOYEES’ PENSION PLAN.
This Act adopts a recommendation made by the Delaware Compensation Commission in its January 6, 2025, report. Specifically, this Act changes the minimum amount of pension payable to a member of the General Assembly elected after February 28, 2025, because the pension amount will no longer be calculated by multiplying the elected official’s years of service as an elected member of the General Assembly times the highest rate of payment being paid to any retired member of the General Assembly. Instead, the pension payable to an elected official of the General Assembly elected on or after February 28, 2025, shall be computed under § 5527(a)(1) of Title 29.

Current Bill Text

Read the full stored bill text 
Legislation Document

SPONSOR:

Sen. Sokola & Rep. Minor-Brown

Sens. Pettyjohn, Walsh, Wilson; Rep. Gorman

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE BILL NO. 136

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE GOVERNMENT AND THE STATE EMPLOYEES’ PENSION PLAN.

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

Section 1. Amend § 5527, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 5527. Amount of ordinary service or disability pension.

(d) (1) Notwithstanding provisions of this chapter to the contrary, an elected official shall receive a pension computed in accordance with this subsection. The service or disability pension payable to the elected official and the survivor’s pension payable to the eligible survivor of such individuals shall be computed on the basis of compensation to the elected official as an elected official irrespective of other credited service, with contribution to be determined based upon compensation as an elected official. The minimum amount of pension payable to

an elected member of the General Assembly or a retired elected

an individual elected to be a

member of the General Assembly

before February 28, 2025,

shall be computed by multiplying the elected official’s years of service as an elected member of the General Assembly times the highest rate of payment being paid to any retired member of the General Assembly, such rate to be computed by dividing the monthly pension being paid to such retired member by the elected official’s years of service as an elected member of the General Assembly.

The pension payable to an individual elected to be a member of the General Assembly on or after February 28, 2025, shall be computed under § 5527(a)(1) of this section.

An elected official elected prior to January 1, 2012, shall be eligible to receive a pension beginning with the first month after the attainment of age 60, provided that the elected official shall have served at least 5 years at the time of the elected official’s termination of service as an elected official, or beginning with the first month after attainment of age 55, provided that the elected official shall have served at least 10 years at the time of the elected official’s termination of service as an elected official. An elected official elected on or after January 1, 2012, shall be eligible to receive a pension beginning with the first month after the attainment of age 60, provided that the elected official shall have served at least 20 years at the time of the elected official’s termination of service as an elected official, or beginning with the first month after attainment of age 65, provided that the elected official shall have served at least 10 years at the time of the elected official’s termination of service as an elected official. Any pension for credited service other than as an elected official shall be determined under the remainder of this chapter as a separate pension.

SYNOPSIS

This Act adopts a recommendation made by the Delaware Compensation Commission in its January 6, 2025, report. Specifically, this Act changes the minimum amount of pension payable to a member of the General Assembly elected after February 28, 2025, because the pension amount will no longer be calculated by multiplying the elected official’s years of service as an elected member of the General Assembly times the highest rate of payment being paid to any retired member of the General Assembly. Instead, the pension payable to an elected official of the General Assembly elected on or after February 28, 2025, shall be computed under § 5527(a)(1) of Title 29.

Author: Senator Sokola