Delaware Code § 29-5547

Employer pickup of employee contributions
Open in Lexace · Ask the AI about this section
(a) Each participating employer, pursuant to the provisions of § 414(h)(2) of the United States Internal Revenue Code [26 U.S.C. §
414 (h)(2)], shall pick up and pay the contributions which would otherwise be payable by the employees under § 5543 of this title. The
contributions so picked up shall be treated as employer contributions for purposes of determining the amounts of federal income taxes
to withhold from the employee's compensation.
(b) Employee contributions picked up by the employer shall be paid from the same source of funds used for the payment of compensation
to an employee. A deduction shall be made from each employee's compensation equal to the amount of the employee's contributions
picked up by the employer. This deduction, however, shall not reduce the employee's compensation for purposes of computing benefits
under the retirement system pursuant to this chapter.
(c) Employee contributions shall be credited to a separate account within the employee's individual account so that the amount
contributed prior to the effective date for the pickup of employee contributions may be distinguished from the amounts contributed on
or after the effective date.
(d) The contributions, although designated as employee contributions, are being paid by the employer in lieu of the contributions by
the employee. The employee will not be given the option of choosing to receive the contributed amounts directly instead of having them
paid by the employer to the retirement system.

‹ Prev All Delaware sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.