Delaware § 8372 Ordinary survivor’s pension [For application of this section, see 79 Del. Laws, c. 315, § 10]

Delaware Statutes

§ 8372 — Ordinary survivor’s pension [For application of this section, see 79 Del. Laws, c. 315, § 10]

Delaware·Title 11·Part Law-Enforcement Administration·Ch. 83 STATE POLICE·Subch. Service, Disability and Survivor’s Pensions

(a)Upon the death of a member in service, a monthly survivor’s pension shall be payable to the primary survivor equal to1/2of the member’s compensation.

(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)1/2of such service or disability pension;

(ii)if such pension was computed under the provisions of § 8368(b) of this title,2/3of 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

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(a) Upon the death of a member in service, a monthly survivor’s pension shall be payable to the primary survivor equal to1/2of the member’s compensation.

(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)1/2of such service or disability pension; (ii) if such pension was computed under the provisions of § 8368(b) of this title,2/3of 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.

Delaware § 8372 (Ordinary survivor’s pension [For application of this section, see 79 Del. Laws, c. 315, § 10]) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

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