DOVER, DE – A new proposal in the Delaware General Assembly would revoke the state’s contribution to a public employee’s pension if that employee is convicted of a sexual offense against a child connected to their official position. The measure would also allow courts to assign portions of the offender’s pension to victims for restitution.
The bill, titled An Act to Amend Titles 11 and 29 of the Delaware Code Relating to State Pensions and Child Sexual Offenses, was introduced this session and would apply to employees covered under the state, judicial, county, or municipal pension systems. Under the proposed law, individuals found guilty of a qualifying sexual offense—defined as an offense under §761(i) of Title 11 involving a child—would lose access to the state-funded portion of their pension benefits. However, they would retain their personal contributions.
The legislation outlines specific conditions for forfeiture: the conviction must involve conduct “in connection with or aided by the offender’s position,” ensuring the provision targets those who exploited public trust or access through their employment. Survivors of offenders who are denied pensions would remain eligible for survivor benefits under existing law, provided the offender had not already withdrawn their personal contributions.
In addition to forfeiture, the bill establishes a new mechanism—§4108 of Title 11—allowing courts to assign a portion of an offender’s pension directly to the victim. For misdemeanor convictions, the court could order up to 25% of each pension payment to be redirected toward restitution, while felony convictions could result in up to 50% being assigned.
The measure also requires the Board of Pension Trustees to implement procedures to carry out any court-ordered assignments. Several sections of Delaware’s pension code, including those governing the State Employees’, County and Municipal, and Judicial Retirement Systems, would be amended to permit pension attachment in these specific cases—exceptions to the state’s general prohibition on garnishment or transfer of pension benefits.
Supporters of the bill say it closes a gap in existing law by ensuring that public employees who commit child sexual offenses related to their jobs do not continue to receive full retirement benefits funded by taxpayers. The proposal aligns Delaware with a broader national trend of states reexamining pension eligibility for employees convicted of serious crimes tied to public service.
The proposed law would take effect for offenses committed after its enactment and would give courts new authority to redirect funds toward victims, adding a restitution component not previously available under Delaware’s pension statutes.
The legislation seeks to hold public employees accountable for child sexual offenses committed through misuse of their positions and to prioritize restitution for victims over state-funded pension benefits.
