Bill Text: DE SB239 | 2011-2012 | 146th General Assembly | Draft


Bill Title: An Act To Amend Title 29 Of The Delaware Code Relating To Elected Official's Pensions.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2012-06-07 - Assigned to Finance Committee in Senate [SB239 Detail]

Download: Delaware-2011-SB239-Draft.html


SPONSOR:

Sen. Katz & Rep. Scott

 

Sens. Sokola, Peterson & Bunting;

Rep. Lavelle

DELAWARE STATE SENATE

146th GENERAL ASSEMBLY

SENATE BILL NO. 239

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO ELECTED OFFICIAL'S PENSIONS.


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


Section 1. Amend §5501 Title 29 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:

(c) "Compensation" means for any individual all salary, wages and fees, including overtime payments and special payments for extra duties, payable to such individual for service credited under paragraphs (d)(1), (2) and (3) of this section and the value of any maintenance provided for the individual as part of such payments. For any post-2011 employee "compensation" means all salary, wages and fees, including special payments for extra duties, excluding overtime payments payable to such individual for service credited under paragraphs (d)(1), (2) and (3) of this section and the value of any maintenance provided for the individual as part of such payments. For those individuals who purchase credited service under paragraph (d)(12) of this section "compensation" shall include the salary, wages and fees that such individuals would have received had they remained in such employment for the term of the approved leave. For elected officials, 29 §5527 (d)(1), compensation shall not include reimbursements or allocations for expenses.

Section 2. Amend §5527 Title 29 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:

(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. For purposes of pension contribution, compensation shall not include reimbursement or allocations of expenses. The minimum amount of pension payable to an elected member of the General Assembly or a retired elected member of the General Assembly shall be computed by multiplying his or her 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 his or her years of service as an elected member of the General Assembly. An elected official shall be eligible to receive a pension beginning with the first month after the attainment of age 60, provided that he or she shall have served at least 5 years at the time of his or her termination of service as an elected official, or beginning with the first month after attainment of age 55, provided that he or she shall have served at least 10 years at the time of his or her 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 bill removes expense payments and allocations from pension contribution compensation for elected officials.

Author: Sen. Katz

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