Delaware § 8822 Ordinary survivor’s pension [For application of this section, see 79 Del. Laws, c. 315, § 10]

Delaware Statutes

§ 8822 — Ordinary survivor’s pension [For application of this section, see 79 Del. Laws, c. 315, § 10]

Delaware·Title 11·Part Law-Enforcement Administration·Ch. 88 DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN

(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 to3/4of 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.

(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 to3/4of 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 compu

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(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 to3/4of 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.

(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 to3/4of 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,2/3of 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.

Delaware § 8822 (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

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