Delaware / State / 153rd General Assembly, 2026
85 Del. Laws c. 426 (SB 219 with SA 1) Phased the military pension exclusion up from $12,500 to $25,000 for every age, and added a domicile test for retirees aged 60 or older
Expands and restricts Raises the military pension exclusion to $25,000 at every age by 2029, but makes a retiree aged 60 or older first meet three or five years of Delaware domicile.
Amended 30 Del. C. § 1106(b)(3). For 2027 a taxpayer of any age may subtract the greater of the ordinary pension exclusion or $15,000 of United States military pension, for 2028 $20,000 and from 2029 $25,000. Before it a retiree aged 60 or older had no military-specific figure and shared one $12,500 exclusion with every other pension and retirement income. Senate Amendment 1 made the limits apply to each spouse separately on a joint return and added paragraph f.4., which lets a person aged 60 or older take any subtraction under paragraph (3) only after three years of Delaware domicile, or five if domiciled on or after January 1, 2027. The paragraph imposes nothing on a retiree under 60. Signed August 17, 2026, per the General Assembly’s bill record; the 2026 session laws are not yet published online, and the chapter number is the one the Code prints in the section history. Watching because the first increase applies to tax year 2027.
Progress
Path to law: Bill in a two-chamber legislature
- Introduced Done, Senate
- In committee Done, Senate Executive and Finance, then House Revenue and Finance and Appropriations
- Passed one chamber Done, Senate, 19-0, with Senate Amendment 1
- Passed both chambers Done, House, 40-0
- Signed by the governor Done,
- In effect Scheduled for
Sponsors
- Buckson
- Mantzavinos
- Hilovsky
- Brown
- Cruce
- Hansen
- Hocker
- Hoffner
- Huxtable
- Lawson
- Lockman
- Paradee
- Pettyjohn
- Pinkney
- Poore
- Richardson
- Seigfried
- Sokola
- Sturgeon
- Townsend
- Walsh
- Wilson
- Berry
- Carson
- Chukwuocha
- Gray
- Griffith
- Lambert
- Ortega
- D. Short
- Michael Smith
- K. Williams
- Wilson-Anton
What it touches
- 30 Del. C. § 1106
Catalog entry
Official record
Read 85 Del. Laws c. 426 (SB 219 with SA 1) on the jurisdiction's own record