Senator Eric Buckson (R – 16th District)
Delaware’s education system is facing a critical shortage of qualified personnel, particularly in substitute and temporary roles. School districts across the state are grappling with long-term vacancies, leaving students vulnerable to learning loss and classroom disruption. When a teacher takes extended leave, schools often struggle to find experienced, consistent substitutes—placing students at a clear disadvantage.
To help address this pressing issue, I authored Senate Bill 52 (SB 52), which will enact targeted changes to Delaware’s pension laws that make it easier for all State of Delaware retirees, including retired teachers, to return to work in temporary or substitute positions without unnecessary restrictions.
In collaboration on this bill, Joanna M. Adams, Pension Administrator for the Office of Pensions, emphasized the importance of these changes: “Senate Bill 52 lessens the restrictions currently in Delaware Code to allow retirees to return to work for the State of Delaware after retirement without jeopardizing the qualified tax status of the State Employees’ Pension Plan. This bill would encourage retirees to return to work for the State of Delaware to supplement open positions by an experienced workforce.”
SB 52 reduces the separation-of-service period from six months to three months and lowers the age threshold for that separation requirement from 65 to 59½, aligning Delaware’s rules with federal IRS guidelines. It also eliminates the $50,000 earnings cap, allowing retirees to return to work without compromising their pension benefits. These aren’t benefit increases, they’re common-sense updates that remove outdated restrictions and allow Delaware to better leverage its own experienced, ready-to-serve workforce.
This legislation matters now more than ever. Delaware often loses skilled retirees to neighboring states that lack such limitations. SB 52 helps retain that valuable knowledge and talent. It allows school districts to fill vacancies faster, reducing learning loss and helping maintain continuity in the classroom. Utilizing retirees is also more cost-effective than relying on staffing agencies, which charge administrative fees. At the same time, it offers flexibility for retirees who want to supplement their income without returning to full-time employment. Additionally, the bill simplifies tracking and oversight for the Office of Management and Budget and the Office of Pensions, reducing bureaucratic strain and saving time and resources.
Delaware is not alone in this approach. States like Alabama, Colorado, Illinois, Massachusetts, and Washington allow retirees to return to work before six months without threatening their pension status. Most of those states also apply the same flexible rules to substitute teachers. Delaware must keep pace.
As parental leave usage continues to rise in our school districts, the need for qualified, long-term substitute teachers has never been more urgent. SB 52 provides a clear, practical solution by putting veteran educators back in the classroom when we need them most. Students receive consistent, high-quality instruction, and schools gain much-needed flexibility.
SB 52 has passed the Senate, but it currently awaits committee consideration in the House of Representatives and a full vote. If you support smarter staffing solutions and a stronger education system, I urge you to contact your state Representative today. Ask them to prioritize and pass SB 52. The time to act is now.