Acceptance of provisions; result.
Del. Code tit. 29, § 5605
in effect(a) (1) Each new state judicial officer may accept the provisions of this chapter by 1 of the following:
a. Written declaration to that effect within 30 days following the member becoming a state judicial officer.
b. Through the authorization by the member to permit deductions for the contributions provided in § 5601 of this title.
(2) a. The declaration of acceptance under paragraph (a)(1)a. of this section must be filed with the Secretary of State. If the member accepts the provisions of this chapter through authorization of deductions for contributions under paragraph (a)(1)b. of this section, the member shall thereafter file a written declaration with the Secretary of State.
b. On filing of a declaration of acceptance by a state judicial officer or on authorization of deductions for contributions, whichever first occurs, the benefits of this chapter are available to the state judicial officer.
c. A declaration of acceptance, or authorization of deductions for the contributions provided in § 5601 of this title, by a member first appointed on or after July 1, 1980, covers the member under the revised plan.
(b) A member first appointed before July 1, 1980, may elect to be covered by the revised plan by filing a declaration of acceptance with the Secretary of State. Except as provided under subsection (e) of this section, a member first appointed on or after July 1, 1980, is required to participate in the revised plan as a condition of employment and is not required to file a written declaration or authorization of deductions.
(c) Any declaration of acceptance of this chapter or authorization of deductions for the contributions provided in § 5601 of this title as provided in subsection (a) of this section constitutes an authorization and direction by the state judicial officer making the declaration or authorization that if a certificate of permanent physical or mental disability of the state judicial officer is filed under § 5602(c) or § 5612(c) of this title, the certificate constitutes, without any further act by the state judicial officer, a resignation by the state judicial officer, effective immediately after the filing of the certificate.
(d) A declaration of acceptance filed or authorization of deductions for contributions made under this section is irrevocable.
(e) (1) A Justice of the Peace, Commissioner, or Magistrate in Chancery who first qualifies for the State Judicial Pension plan on February 9, 2025, may, under § 4 of Article XV of the Delaware Constitution, decline participation in the State Judicial Pension Plan and remain in the State Employee’s Pension Plan.
(2) a. A Justice of the Peace, Commissioner, or Magistrate in Chancery who exercises the right under paragraph (e)(1) of this section to decline participation in the State Judicial Pension Plan must do so in writing to the Board by a date and in a manner determined by the Pension Administrator.
b. A Justice of the Peace, Commissioner, or Magistrate in Chancery who first qualifies for the State Judicial Pension plan on February 9, 2025, and who opts to participate in the State Judicial Pension Plan or does not decline participation under paragraph (e)(2)a. of this section shall contribute to the Fund each year for the first 24 years of service after joining the State Judicial Pension Plan at the rate applicable to the Justice of the Peace’s, Commissioner’s, or Magistrate in Chancery’s prior participation in the State Employee’s Pension Plan.
c. A member of the state judiciary first covered by the State Judicial Pension Plan under paragraph (e)(2)b. of this section who is subsequently appointed to a different position within the state judiciary shall thereafter contribute for the remaining 24 years of service an amount equal to 5% of annual compensation in excess of $6,000 up to the Social Security wage base, and 5% of total compensation in excess of the Social Security wage base.
(3) The exercise of the right under paragraph (e)(1) of this section is irrevocable.
(4) A Justice of the Peace, Commissioner, or Magistrate in Chancery who first qualifies for the State Judicial Pension Plan on February 9, 2025, and is covered by the State Judicial Pension Plan is entitled to a payout for accrued annual leave in incremental payments over a 5-year period, with the first payout to be completed by February 9, 2026. If termination of state service occurs before receiving the full accrued payout, the outstanding amount must be paid on termination.
Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title29/c056/index.htmlFetched: 10/4/2026