AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE EMPLOYEES' PENSION PLAN.

This Act repeals a provision in the State Employees’ Pension Plan that included participants in the Division for the Visually Impaired’s (“DVI”) Business Enterprise Program (“BEP”) in the State pension plan. BEP participants are meant to be independent blind entrepreneurs operating their own vending facilities in federal and state properties, as authorized by the Randolph-Sheppard Act (20 U.S.C. § 107 et seq.). DVI recruits, trains, licenses, and places individuals who are blind as BEP vending facility operators on state or federal properties. Participation in BEP is under permit or contract. Participants are not State employees; including them in the State Pension Plan or payroll system does not comply with the Randolph-Sheppard Act. This Act is a result of the Joint Legislative Oversight and Sunset Committee's 2019 review of and task force on the Division for the Visually Impaired. The Rehabilitation Services Administration, the federal agency that monitors BEP, recommended removing blind vendors from all state pension and payroll systems. Once enacted, this Act takes effect as of January 1, 2020. DVI removed BEP vendors from the State’s payroll system as of January 1, 2020. New applications for BEP are not pending as of the date this legislation is released.