State Government

State Agencies and Offices Not Created by Constitution

CHAPTER 33. Delaware Compensation Commission

§ 3301. Established; composition; qualifications; terms of office.

There is established a commission known as the “Delaware Compensation Commission,” hereinafter referred to as the “Commission,” consisting of 6 members, 2 of whom shall be appointed by the Governor, 1 by the President Pro Tempore of the Senate and 1 by the Speaker of the House of Representatives. The fifth member shall be the President of the Delaware Round Table. The Secretary of the Department of Human Resources of the State shall serve as an ex officio and nonvoting member of the Commission. The appointees shall be persons not holding any public office nor employed substantially full-time with compensation by this State while serving on this Commission. Those appointed shall serve for a 6-year term. Any member is eligible for reappointment.

64 Del. Laws, c. 449, §  175 Del. Laws, c. 88, §  20(6)81 Del. Laws, c. 66, §  22

§ 3302. Chairperson; expenses.

The Commission shall elect 1 of its members chairperson. Members of the Commission shall be reimbursed for actual and necessary expenses, including mileage, incurred while performing the duties imposed by this chapter. The costs and expenses of the Commission shall be paid out of funds appropriated to the Governor’s office.

64 Del. Laws, c. 449, §  170 Del. Laws, c. 186, §  1

§ 3303. Remuneration study; report.

(a) The Commission shall make a study of the salaries, emoluments, mileage, per diem, travel and other expense allowances and reimbursements (hereinafter collectively referred to as “remuneration”) of the members of the General Assembly, the Governor, members of the Governor’s cabinet, the Lieutenant Governor, the State Auditor, the State Treasurer, the Attorney General, the Insurance Commissioner, the Justices of the Supreme Court, the Chancellor and Vice-Chancellors of the Court of Chancery and all judges and court commissioners of the Superior Court, the Court of Common Pleas and the Family Court, the Chief Magistrate, the justices of the peace and the Chief Defender.

(b) On January 1, 1985, the Commission shall submit to the Governor, the Chief Justice, the President Pro Tempore of the Senate and the Speaker of the House of Representatives its first report establishing such remuneration. Thereafter, the Commission shall cause a report to be prepared every 4 years and submitted on the first day of the session of the General Assembly. The rate of remuneration established in the report for offices which salaries are more than $25,000, except for the Governor shall not exceed 120% of the remuneration received in the fiscal year in which the report is submitted. All departments and divisions of the State shall cooperate in furnishing to the Commission such information as the Commission may deem to be necessary to discharge its duties. With each report, the Commission shall include its recommendations to the Governor and General Assembly concerning pension benefits for members of the General Assembly, subject to the approval of the Board of Pension Trustees that such recommendations are based on reasonable actuarial assumptions and that such recommendations shall not require any additional state appropriation.

64 Del. Laws, c. 449, §  166 Del. Laws, c. 185, §  1767 Del. Laws, c. 281, §  10(c)(iii)72 Del. Laws, c. 395, §§  40, 4476 Del. Laws, c. 213, §  4380 Del. Laws, c. 26, §  1

§ 3304. Effect of Commission report.

The remuneration for all offices specified in § 3303 of this title established by the report shall take effect and have the force and effect of law as of July 1 following submission, unless the General Assembly shall by joint resolution reject the report in its entirety within 30 days following the commencement of its session.

64 Del. Laws, c. 449, §  166 Del. Laws, c. 303, §  3368 Del. Laws, c. 290, §  10(e)76 Del. Laws, c. 280, §  35