2023 Delaware Code › Title 29 - State Government › Chapter 55A. COUNTY AND MUNICIPAL PENSION PLAN › Subchapter II. Eligibility Requirements and Benefits › § 5578. Ordinary survivor's pension.

§ 5578. Ordinary survivor's pension.
(a) Upon the death of a member in service who has 5 years of credited service, a monthly survivor's pension shall be payable to his or her eligible survivor or survivors equal to 1/2 of the service pension for which the employee would have been eligible if he or she had been 62 years of age.
(b) Upon the death of a retired member, a monthly survivor's pension shall be payable to the retired member's eligible survivor or survivors equal to 1/2 of such service or disability pension.
(c) For the purpose of this section, the eligible survivors of a member or retired member shall be as follows, provided that a member may change the priority of eligible survivors specified for herein by designating his or her priority of eligible survivors on a form prescribed by the Board and filed with the Board at the time of the member's death:
(1) The widow or widower, provided such person had been married to the deceased member for at least 1 year before the date of death; or
(2) If there is no eligible widow or eligible widower, a child (or with the survivor's pension divided among them in equal shares, all such children if there are more than 1), provided the child is unmarried and either:
a. Has not attained age 18;
b. Has attained age 18 but not age 22 and is attending school on a full-time basis; or
c. Has attained age 18 and has a permanent disability as the result of a disability which began before the child attained age 18; or
(3) If there is no eligible widow, eligible widower or eligible child, a dependent parent (or, with the survivor's pension divided between them in equal shares, both such parents if there are 2).
(d) The amount payable to a widow or widower who has not attained age 50 at the time the survivor's pension begins shall be actuarially reduced, in accordance with actuarial tables approved by the Board, for each month the survivor is under age 50 at such time; provided, however, that the actuarial reduction for any such widow or widower shall not apply for the period during which such widow or widower has in his or her care a son or daughter who is unmarried and either:
(1) Has not attained age 18;
(2) Has attained age 18 but not age 22 and is attending school on a full-time basis; or
(3) Has attained age 18 and has a permanent disability as the result of a disability which began before the child attained age 18.
(e) A parent shall be deemed to have been dependent on the member or retired member who was receiving at least 1/2 of his or her support from the member at the time of the member's death.
(f) A survivor's pension shall begin with the month following the month in which the member or retired member dies. If payable to a widow or widower, it shall cease with the month in which the survivor dies or marries. If payable to a parent, it shall cease with the month in which the parent dies. If payable to a child, it shall cease with the month in which the child dies or fails to meet the conditions of eligibility in paragraph (c)(2) of this section.
62 Del. Laws, c. 398, §  1;  67 Del. Laws, c. 86, §  15;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 132, §  2;  78 Del. Laws, c. 179, §  293;