Delaware Code Title 11 Sec. 8372 – Ordinary survivor’s pension
(a) Upon the death of a member in service, a monthly survivor’s pension shall be payable to the primary survivor equal to 1/2 of the member’s compensation.
Terms Used In Delaware Code Title 11 Sec. 8372
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Dependent: A person dependent for support upon another.
- Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
(b) Upon the death of a member in service, whose death occurred in the line of duty, a monthly survivor’s pension shall be payable to the primary survivor equal to three-quarters of the member’s compensation.
(c) Upon the death of a retired member, a monthly survivor’s pension shall be payable to the primary survivor and surviving dependents equal to the greater of: (i) 1/2 of such service or disability pension; (ii) if such pension was computed under the provisions of § 8368(b) of this title,2/3 of such service or disability pension; (iii) if such pension was computed under the provisions of § 8368(c) of this title, 75% of such service or disability pension; or (iv) if such pension was computed under the provisions of § 8368(d) of this title, 100% of such service or disability pension. If the primary survivor is the surviving spouse, such person must have been married to the deceased member:
(1) Prior to retirement; or
(2) For at least 1 year before the date of death, unless the death was the result of an accident.
(d) A survivor’s pension shall begin with the month following the month in which the member or retired member dies. If payable to a surviving spouse who dies, it shall become payable in the following month to the next primary survivor as defined in § 8351(13) of this title or cease with that month in the absence of eligible dependents. If payable to a child who dies or fails to meet the conditions of eligibility in § 8351(4) of this title it shall become payable in the following month to a dependent parent or cease with that month in the absence of eligible parents. If payable to a parent, it shall cease with the month in which the parent dies.
62 Del. Laws, c. 361, § ?1; 67 Del. Laws, c. 86, § ?16; 69 Del. Laws, c. 154, § ?2; 70 Del. Laws, c. 186, § ?1; 75 Del. Laws, c. 100, §§ ?1, 2; 79 Del. Laws, c. 315, § ?8;