Bill Text: DE SB325 | 2009-2010 | 145th General Assembly | Draft
Bill Title: An Act To Amend Titles 11 And 29 Of The Delaware Code Relating To The State Employees' Pension Plan, The County And Municipal Employees' Pension Plan, The County And Municipal Police/firefighter Pension Plan, The State Judiciary Pension Plan, The State Police Pension Plan, And Pensions.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Passed) 2010-07-15 - Signed by Governor [SB325 Detail]
Download: Delaware-2009-SB325-Draft.html
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SPONSOR: |
Sen. Cook & Rep. D.P. Williams |
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Sens. DeLuca & Simpson, Reps. Schwartzkopf & Oberle |
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DELAWARE STATE SENATE 145th GENERAL ASSEMBLY |
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SENATE BILL NO. 325 |
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AN ACT TO AMEND TITLES 11 AND 29 OF THE DELAWARE CODE RELATING TO THE STATE EMPLOYEES' PENSION PLAN, THE COUNTY AND MUNICIPAL EMPLOYEES' PENSION PLAN, THE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN, THE STATE JUDICIARY PENSION PLAN, THE STATE POLICE PENSION PLAN, AND PENSIONS. |
Section 1.Amend §5531, Chapter 55, Title 29 of the Delaware Code by adding a new subsection (c), to read as follows:
"(c)A service pension, disability pension, or survivor's pension applied for under this act may be paid into a Miller Trust Bank account, pursuant to the creation of an irrevocable Income Assignment Trust ("Miller Trust"),established on behalf of an eligible pensioner or survivor covered under this chapter who is a person with disabilities, so long as the Miller Trust is established consistent with the Laws of the State of Delaware, the Laws of the United States and in accordance with the rules and regulations of the local and federal agencies responsible for administering assistance programs for persons with disabilities."
Section 2.Amend §5606, Chapter 56, Title 29 of the Delaware Code by adding a new subsection (d), to read as follows:
"(d)A service pension, disability pension, or survivor's pension applied for under this act may be paid into a Miller Trust Bank account, pursuant to the creation of an irrevocable Income Assignment Trust ("Miller Trust"),established on behalf of an eligible pensioner or survivor covered under this chapter who is a person with disabilities, so long as the Miller Trust is established consistent with the Laws of the State of Delaware, the Laws of the United States and in accordance with the rules and regulations of the local and federal agencies responsible for administering assistance programs for persons with disabilities."
Section 3.Amend §5581, Chapter 55A, Title 29 of the Delaware Code by adding a new subsection (c), to read as follows:
"(c)A service pension, disability pension, or survivor's pension applied for under this act may be paid into a Miller Trust Bank account, pursuant to the creation of an irrevocable Income Assignment Trust ("Miller Trust"),established on behalf of an eligible pensioner or survivor covered under this chapter who is a person with disabilities, so long as the Miller Trust is established consistent with the Laws of the State of Delaware, the Laws of the United States and in accordance with the rules and regulations of the local and federal agencies responsible for administering assistance programs for persons with disabilities."
Section 4.Amend §8826, Chapter 88, Title 11 of the Delaware Code by adding a new subsection (c), to read as follows:
"(c)A service pension, disability pension, or survivor's pension applied for under this act may be paid into a Miller Trust Bank account, pursuant to the creation of an irrevocable Income Assignment Trust ("Miller Trust"),established on behalf of an eligible pensioner or survivor covered under this chapter who is a person with disabilities, so long as the Miller Trust is established consistent with the Laws of the State of Delaware, the Laws of the United States and in accordance with the rules and regulations of the local and federal agencies responsible for administering assistance programs for persons with disabilities."
Section 5.Amend §8376, Chapter 83, Title 11 of the Delaware Code by adding a new subsection (c), to read as follows:
"(c)A service pension, disability pension, or survivor's pension applied for under this act may be paid into a Miller Trust Bank account, pursuant to the creation of an irrevocable Income Assignment Trust ("Miller Trust"),established on behalf of an eligible pensioner or survivor covered under this chapter who is a person with disabilities, so long as the Miller Trust is established consistent with the Laws of the State of Delaware, the Laws of the United States and in accordance with the rules and regulations of the local and federal agencies responsible for administering assistance programs for persons with disabilities."
Section 6. This Act shall be effective as of the date of its enactment
SYNOPSIS
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This Act provides that persons with disabilities who are eligible for a service pension, disability pension, or survivor's pension, , can direct the Delaware Public Employees' Retirement System to place eligible pension benefits directly into a Miller trust, without those pension funds adversely affectingan individual's eligibility for Medicaid or other benefits. Income generated by the trust that remains in the trust is not income to the individual. |
Author:Senator Cook
