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 § 8822

Title11

PartLaw-Enforcement Administration

Ch. 88DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN

This text of Delaware § 8822 (Ordinary survivor’s pension [For application of this section, see 79 Del. Laws, c. 315, § 10]) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 11, § 8822 (2026).

Text

(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.

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