Delaware § 8325 Eligibility of dependents

Delaware Statutes

§ 8325 — Eligibility of dependents

Delaware·Title 11·Part Law-Enforcement Administration·Ch. 83 STATE POLICE·Subch. Pensions; Disability and Death Benefits

The surviving spouse or minor children or sole dependent parent of any member of the State Police, who shall have heretofore or shall hereafter die after having been retired or after having been eligible to retire under this subchapter, or who shall have heretofore or shall hereafter lose life in the performance of the member’s duties, or when death results from injury received in the performance of the member’s duties, shall receive a pension equal to three fourths of the salary of such member at the time of death. Such pension to such minor children shall be discontinued when the youngest dependent child shall cease to be a dependent as defined by § 8351(4) of this title; provided, however, that anyone entitled to receive a pension under this section prior to January 1, 1972, shall as of

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The surviving spouse or minor children or sole dependent parent of any member of the State Police, who shall have heretofore or shall hereafter die after having been retired or after having been eligible to retire under this subchapter, or who shall have heretofore or shall hereafter lose life in the performance of the member’s duties, or when death results from injury received in the performance of the member’s duties, shall receive a pension equal to three fourths of the salary of such member at the time of death. Such pension to such minor children shall be discontinued when the youngest dependent child shall cease to be a dependent as defined by § 8351(4) of this title; provided, however, that anyone entitled to receive a pension under this section prior to January 1, 1972, shall as of that date receive an amount equal to three fourths of the monthly payment to which the decedent would have been entitled under this chapter had the death occurred on or after January 1, 1972. Thereafter, pensions of those eligible under this section shall not be recomputed based on the salaries of active duty State Police; provided further, however, that as of July 1, 1974, the monthly amount payable to those eligible under this section shall increase on July 1 of each year by any cumulative percentage increase in the national consumer price index average of the previous calendar year, plus the aggregated cumulative percentage change in the national consumer price index average of the previous consecutive years in which an increase was not granted. A cumulative percentage decrease in any calendar year shall not result in any reduction in the pension rates. Any pension to a surviving spouse that has been discontinued as a result of remarriage shall be reinstated as of July 1, 2002, at the rate that the surviving spouse would have been receiving if the surviving spouse’s pension had not been discontinued.

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Legislative History

41 Del. Laws, c. 262, § 5 ; 11 Del. C. 1953, § 8325; 50 Del. Laws, c. 491, § 1 ; 54 Del. Laws, c. 89, § 3 ; 54 Del. Laws, c. 129 ; 58 Del. Laws, c. 332, § 5 ; 67 Del. Laws, c. 20, §§ 1, 2 ; 69 Del. Laws, c. 154, §§ 1, 3 ; 70 Del. Laws, c. 186, § 1 ; 72 Del. Laws, c. 384, §§ 5, 6 ; 73 Del. Laws, c. 396, § 1