SB 219 Delaware Senate · 153rd General Assembly (2025-2026)

AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO EXCLUSION OF MILITARY PENSIONS FROM TAXABLE INCOME.

Summary
Of the 41 states with a state income tax, 27 states fully exempt military retirement pay from state income taxes and 12 states partially exempt military retirement pay. In 2022, Delaware increased the pension exclusion for military pensioners under 60 to $12,500, and in 2024, Delaware expanded the definition of a United States military pension to include a pension received for an individual’s service in the commissioned corps of the National Oceanic and Atmospheric Administration and the commissioned corps of the Public Health Service and clarified that the armed forces of the United States includes the Space Force and Coast Guard. This Act phases in, over 3 years, an increased exemption for military pensions from state income taxation, regardless of age, which is currently $12,500, so that in taxable years beginning on or after January 1, 2029, the exemption will be $25,000 for all military pensioners.
Bill status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Jun 2026
Senate Passage
Jun 2026
House Passage
Jul 2026
Signed into Law
Aug 2026
Introduced Jan 8, 2026 Signed Aug 17, 2026
Maddy AI version diff · 1 comparison

What changed between versions

SA 1 to SB 219 Bill Text · 5 edits
MODERATE
The final enacted version of SB 219 removed two provisions that were in Senate Amendment 1: a rule requiring each spouse on a joint return to claim their own individual military pension subtraction limit, and a domicile requirement for individuals age 60 or older (3 years if domiciled before 2027, 5 years if on or after 2027). The final bill instead presents the complete phased-in structure that increases the military pension exemption from $12,500 to $25,000 over a three-year period (2027-2029), applicable regardless of age.
ELIGIBILITY

Removed the requirement that individuals age 60 or older must be legally domiciled in Delaware for at least 3 years (if domiciled before Jan 1, 2027) or 5 years (if domiciled on or after Jan 1, 2027) to qualify for the military pension subtraction.

REQUIREMENT

Removed the provision clarifying that dollar limits apply individually to each spouse receiving a military pension on a joint return, with the total not exceeding twice the per-person limit.

FISCAL

The final bill text lays out the full phased-in schedule: $12,500 for taxable years 2022-2026, $15,000 for 2027, $20,000 for 2028, and $25,000 for 2029 and beyond, as the military-specific exemption (the greater of the general pension limit or the military-specific limit).

DEFINITION

Added formal definitions for 'eligible retirement income' (qualified plan distributions, 401(k), 457 plans, dividends, capital gains, interest, and net rental income) and 'United States military pension' (service in Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard, NOAA commissioned corps, Public Health Service commissioned corps, or National Guard).

SCOPE

The bill now applies the increased military pension exemption regardless of age, with the 'greater of' language ensuring those under 60 get at least $12,500 (rising to $25,000) and those 60 or older also benefit from the same increasing military-specific limit.

Floor votes · House Jul 1, 2026

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
13
Key actions
8
Committee
4
Amendments
2
Aug 17, 2026
Signed into law
Signed by Governor
executive
Jul 1, 2026
Lower · Passed
Passed By House. Votes: 40 YES 1 ABSENT
lower
Jun 23, 2026
Lower · Passed
Reported Out of Committee (Appropriations) in House with 1 Favorable, 5 On Its Merits
lower
Jun 18, 2026
Introduced
Assigned to Appropriations Committee in House
lower
Jun 17, 2026
Lower · Passed
Reported Out of Committee (Revenue & Finance) in House with 5 Favorable, 2 On Its Merits
lower
Jun 11, 2026
Introduced
Assigned to Revenue & Finance Committee in House
lower
Jun 11, 2026
Upper · Passed
Passed By Senate. Votes: 19 YES 1 NOT VOTING 1 ABSENT
upper
Jun 11, 2026
Upper · Passed
Amendment SA 1 to SB 219 - Passed By Senate. Votes: 19 YES 1 NOT VOTING 1 ABSENT
upper
Jun 9, 2026
Upper · Passed
Reported Out of Committee (Finance) in Senate with 1 Favorable, 3 On Its Merits
upper
Mar 25, 2026
Introduced
Assigned to Finance Committee in Senate
upper
Mar 25, 2026
Upper · Passed
Reported Out of Committee (Executive) in Senate with 3 Favorable, 2 On Its Merits
upper
Mar 24, 2026
Introduced
Amendment SA 1 to SB 219 - Introduced and Placed With Bill
upper
Jan 8, 2026
Introduced
Introduced and Assigned to Executive Committee in Senate
upper
25 primary · 0 co-sponsors

Sponsors