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---
type: "Bill"
title: "AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE AND CHAPTER 446 OF VOLUME 84 OF THE LAWS OF DELAWARE RELATING TO PENSIONS FOR THE STATE JUDICIARY."
description: "After enactment of Senate Substitute No. 1 to Senate Bill No. 174 of the 152nd General Assembly (Chapter 446 of Volume 84 of the Laws of Delaware), it was discovered that Senate Substitute No. 1 to Senate Bill No. 174 would, if implemented, jeopardize the qualified federal tax status of the Delaware Public Employees Retirement System by giving individuals who are Justices of the Peace, Commissioners of the Superior Court, Family Court, and Court of Common Pleas (“Commissioners”), and Magistrates in Chancery (“Magistrates”), as of the effective date, an election to participate in the Judicial Pension Plan at a different rate of pre-tax contribution than presently required for those individuals under the State Employees Pension Plan (3% or 5%, depending on start date). Based on this information, the Board of Pension Trustees voted unanimously on December 10, 2024, to delay implementation of Senate Substitute No. 1 for Senate Bill No. 174."
jurisdiction: "us/states/de"
legislature: "Delaware General Assembly"
session: "153"
identifier: "SB 42"
citation: "Delaware SB 42 (153)"
classification: ["bill"]
subjects: []
status: "enacted"
primary_sponsors: ["Timothy D. Dukes", "Trey Paradee", "William J. Carson"]
version_count: 1
action_count: 9
vote_count: 1
first_action: "2025-01-10"
last_action: "2025-02-07"
source: "openstates"
source_identifier: "ocd-bill/024a1331-71f4-486c-a9f5-d7c6e14ad909"
source_url: "https://legis.delaware.gov/BillDetail?LegislationId=141765"
source_hash: "c556aff89b8ba8bb84105ee30d3b1110c9dbd45f116c50896d8fd8c70233601b"
vintage: "2026-07-01"
source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
retrieved_at: "2026-07-06"
confidence: "reported"
tags: ["legislation", "bill", "us-de"]
---
# Delaware SB 42 (153) — AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE AND CHAPTER 446 OF VOLUME 84 OF THE LAWS OF DELAWARE RELATING TO PENSIONS FOR THE STATE JUDICIARY.
After enactment of Senate Substitute No. 1 to Senate Bill No. 174 of the 152nd General Assembly (Chapter 446 of Volume 84 of the Laws of Delaware), it was discovered that Senate Substitute No. 1 to Senate Bill No. 174 would, if implemented, jeopardize the qualified federal tax status of the Delaware Public Employees Retirement System by giving individuals who are Justices of the Peace, Commissioners of the Superior Court, Family Court, and Court of Common Pleas (“Commissioners”), and Magistrates in Chancery (“Magistrates”), as of the effective date, an election to participate in the Judicial Pension Plan at a different rate of pre-tax contribution than presently required for those individuals under the State Employees Pension Plan (3% or 5%, depending on start date). Based on this information, the Board of Pension Trustees voted unanimously on December 10, 2024, to delay implementation of Senate Substitute No. 1 for Senate Bill No. 174.
## Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
1. **SA 1 to SB 42** (committee substitute) — [source](http://legis.delaware.gov/json/BillDetail/GeneratePdfDocument?legislationId=141805&legislationTypeId=5&docTypeId=2)
## Votes
- SM — **190** (pass) · upper
## Sponsors
- Timothy D. Dukes — primary (person)
- Trey Paradee — primary (person)
- William J. Carson — primary (person)
## Timeline
The legislative action history — every referral, reading, and vote.
- **2025-01-10** Introduced and Assigned to Judiciary Committee in Senate `introduction, referral-committee`
- **2025-01-14** Re-Assigned to Executive Committee in Senate `introduction, referral-committee`
- **2025-01-15** Reported Out of Committee (Executive) in Senate with 7 On Its Merits `committee-passage`
- **2025-01-21** Amendment SA 1 to SB 42 - Passed By Senate. Votes: 19 YES 2 VACANT `amendment-passage`
- **2025-01-21** Passed By Senate. Votes: 19 YES 2 VACANT `passage`
- **2025-01-22** Assigned to Administration Committee in House `introduction, referral-committee`
- **2025-01-29** Reported Out of Committee (Administration) in House with 5 On Its Merits `committee-passage`
- **2025-01-30** Passed By House. Votes: 37 YES 4 ABSENT `passage`
- **2025-02-07** Signed by Governor `executive-signature`
## Source
OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/024a1331-71f4-486c-a9f5-d7c6e14ad909`. Confidence: reported (aggregated from official Delaware legislature records).