Delaware General Assembly

Senate Elections & Government Affairs 1/28/25

Awaiting consideration in Committee

1/28/25

Buckson

Reps. Shupe, Bush, K. Williams

Sen. Hocker, Lawson, Wilson
Reps. Gray, Michael Smith

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE EMPLOYMENT OF STATE PENSIONERS.

Current law allows pensioners to be employed in a Governor-appointed position or as a temporary, casual, seasonal, or substitute employee, including as a substitute teacher, but only after a 6-month separation of service period if the pensioner is under age 65 and limits annual earnings by temporary, casual, seasonal, or substitute employees to $50,000 before an individual’s earnings affect the amount of the individual’s pension. To alleviate staffing shortages in schools and state agencies with 24-hour shifts, this Act removes the earnings limit beginning calendar year 2025, lowers the age when the separation of service period applies to individuals who are under 59 ½ years old, and reduces the required separation of service period to 3 months. This Act also clarifies that the pensioners may be employed as substitute teachers by charter schools under the same requirements as school districts. To comply with federal law, this Act makes the bona fide 3-month separation period applicable to all pensioners employed under § 5502(a) of Title 29. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

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Takes effect upon being signed into law

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