Delaware Code Title 11 Sec. 8822 – Ordinary survivor’s pension
(a) Upon the death of a member in service, a monthly survivor’s pension shall be payable to his or her eligible survivor or survivors equal to 3/4 of the service pension the employee would have been eligible to receive had he or she elected the option provided under § 8821A(b) of this title.
Terms Used In Delaware Code Title 11 Sec. 8822
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Compensation: shall mean all salary or wages, excluding overtime payments and special payments for extra duties, payable to a member for service. See Delaware Code Title 11 Sec. 8801
- Employee: shall mean :
- Member: shall mean a person who is an employee on or after the date the employer affiliates with the Fund. See Delaware Code Title 11 Sec. 8801
- Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 1 Sec. 302
- Primary survivor: shall mean a person in the following order of priority, unless the priority is changed by the member on a form prescribed by the Board on file with the Board at the time of the member's death:
- Retired member: shall mean a member who has terminated service, other than an inactive member, who is eligible to receive a service or disability pension under this chapter. See Delaware Code Title 11 Sec. 8801
- 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 an employee in service, whose death occurred in the line of duty, a monthly survivor’s pension shall be payable to the primary survivor equal to 3/4 of the member’s compensation.
(c) Upon the death of an individual receiving a service or disability pension at the time of his or her death, a monthly survivor’s pension shall be payable to the primary survivor and surviving dependents equal to the greater of: (i) 50% of such service or disability pension; (ii) if such pension was computed under the provisions of § 8821A(a) of this title,2/3 of such service or disability pension; (iii) if such pension was computed under the provisions of § 8821A(b) of this title, 75% of such service or disability pension; or (iv) if such pension was computed under the provisions of § 8821A(c) 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 or marries, it shall become payable in the following month to the next primary survivor as defined in § 8801 of this title or cease with that month in the absence of the eligible dependents. If payable to a child who dies or fails to meet the conditions of eligibility in § 8801(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.
64 Del. Laws, c. 445, § ?1; 67 Del. Laws, c. 86, § ?16; 70 Del. Laws, c. 186, § ?1; 78 Del. Laws, c. 374, § ?2; 78 Del. Laws, c. 375, § ?1; 79 Del. Laws, c. 315, § ?6;