SPONSOR:

Sen. Cook & Rep. DiPinto;

Sen. Sorenson

DELAWARE STATE SENATE

142nd GENERAL ASSEMBLY

SENATE BILL NO. 21

AN ACT TO AMEND TITLE 29 DELAWARE CODE RELATING TO SERVICE IN THE STATE JUDICIARY PENSION PLAN.

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

Section 1. Amend §5600, Chapter 56, Title 29, Delaware Code by inserting the following as a new subsection (7):

"(7) ‘Service’ shall mean, for an individual:

    1. employment as a member of the State Judiciary; and

    2. employment with the Municipal Court for the City of Wilmington prior to January 1998 if the individual is subsequently employed as a member of the State Judiciary. An individual may receive credit for such previous service upon payment to the Fund, on or before the date of issuance of the individual’s first benefit check or not later than 30 days after the effective date of this act (whichever is later), of a single lump sum payment equal to the actuarial value of the pension benefits to be derived from such service credits computed on the basis of actuarial assumptions approved by the Board and the individual’s attained age and final average compensation."

Section 2. Amend §5605(b), Chapter 56, Title 29 of the Delaware Code by deleting the last sentence of said subsection.

SYNOPSIS

This Bill allows Judges to purchase previous employment with the City of Wilmington Municipal Court. The second section removes the election date for participation in the Close Judicial Plan that was ruled unconstitutional.

Author: Senator Cook