2012 Delaware Code
Title 11 - Crimes and Criminal Procedure
CHAPTER 88. DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN
§ 8822. Ordinary survivor's pension.

(a) Upon the death of a member in service, a monthly survivor's pension shall be payable to the primary survivor equal to one half of the member's final average compensation.

(b) Upon the death of a retired member, a monthly survivor's pension shall be payable to the primary survivor and surviving dependents equal to one half 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.

(c) 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(13) 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.;