Delaware General Assembly

Lieu/Substituted 2/29/24

Adopted in Lieu of original; takes status of original

SS 1 for SB 174

6/13/23

Gay

Sen. Brown
Rep. Lynn

Sen. Pettyjohn, Townsend
Rep. Dukes

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PENSIONS FOR THE STATE JUDICIARY.

This Act adds Justices of the Peace, Commissioners, and Masters in Chancery to the State Judicial Pension Plan. Section 1 of this Act amends the “Pensions for Member’s of the State Judiciary” chapter’s definition of “state judiciary” so that Justices of the Peace, Commissioners, and Masters in Chancery are included, which then results in their inclusion in the definition of “member”. Section 1 also removes the defined term “for which he or she is eligible under the Federal Social Security Act”, which is not used anywhere in Chapter 56 of Title 29 of the Delaware Code (“Chapter 56”), and creates a new definition, “State judicial officer”, which is used in place of “member of the state judiciary” and “judge” in this Act. Sections 2 through 10 of this Act are included to ensure the term “member” is used consistently throughout Chapter 56 and to replace “member of the State judiciary” and “judge” with “State judicial officer”. This ensures that Justices of the Peace, Commissioners, and Masters in Chancery are included in the State Judicial Pension Plan. Section 2 of this Act increases the amount of annual compensation in excess of $6,000 up to the Social Security wage base that a State judicial officer who is covered by the State Judicial Pension Plan on or after the effective date of this Act must contribute to the State Judicial Plan from 3% to 4%. Section 3 of this Act establishes a one-time opt-out provision to allow a Justice of the Peace, Commissioner, or Master in Chancery that may be adversely affected by the State Judicial Pension Plan, which would violate the Emoluments Clause under § 4 of Article XV of the Delaware Constitution, the ability to remain in the State Employee Pension Plan. Section 7 of this Act includes in Chapter 56 reference to statutory procedures in Title 10 for the assignment of a retired Justice of the Peace or Commissioner. This Act also does the following: (1) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including (i) removing references to “or survivors” based on § 304 of Title 1 of the Delaware Code, which provides that the singular includes the plural and (ii) correcting a citation error in § 5614(g) of Title 29. (2) Makes changes to delete obsolete language, including (i) deleting § 5605(a)(2)c. of Title 29, which no longer applies to a current State judicial officer, and (ii) deleting § 5609(b), which applied for 6 months from July 7, 1998, and has not applied since then.

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Takes effect upon being signed into law

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