Delaware § 5614 - Revised plan — Survivor’s pension [For application of this section, see 79 Del. Laws, c. 315, §10].

§ 5614. Revised plan — Survivor’s pension [For application of this section, see 79 Del. Laws, c. 315, §10].

(a) On the death during service of a member covered by the revised plan, a monthly survivor’s pension must be paid to the member’s eligible survivor that is equal to 2/3 of the service pension for which the member would have been eligible and computed on the basis of actual service to the date of death or 12 years, whichever is greater, and had elected the option provided under § 5613(3) of this title.

(b) On the death of a member covered by the revised plan and receiving a service or disability pension at the time of death, a monthly survivor’s pension must be paid to the member’s eligible survivor that is equal to 1 of the following:

(1) One half of the service or disability pension.

(2) If the pension was computed under § 5613(3) a. or b. of this title, 2/3 of the service or disability pension.

(3) If the pension was computed under § 5613(3)c. of this title, 75% of the service or disability pension.

(4) If the pension was computed under § 5613(3)d. of this title, 100% of the service or disability pension.

(c) On the death after retirement of a member covered by the revised plan, who has a vested right to a pension under § 5612(b) of this title, but who dies before reaching the age of 62, a monthly survivor’s pension must be paid beginning in the month during which the member would have reached the age of 62 in an amount equal to 1/2 of the pension for which the member would have been eligible at the age of 62.

(d) For the purpose of this section, the priority of eligible survivors of a member covered by the revised plan is as follows, provided that a member may change the priority of eligible survivors specified under this subsection by designating the priority of eligible survivors on a form prescribed by the Board:

(1) The widow or widower, provided the widow or widower had been married to the deceased member for at least 1 year before the date of death.

(2) If there is not an 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 1 of the following applies:

a. The child has not attained age 18.

b. The child has attained age 18 but not age 22 and is attending school on a full-time basis.

c. The child has attained age 18 and has a permanent disability as the result of a disability which began before the child attained age 18.

(3) If there is not an 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).

(e) The amount payable to a widow or widower who has not attained age 50 at the time the survivor’s pension begins must be actuarially reduced, in accordance with actuarial tables approved by the Board, for each month the survivor is under age 50 at the time. However, the actuarial reduction for any widow or widower does not apply for the period during which the widow or widower has in the widow’s or widower’s care a child who is unmarried and to whom 1 of the following applies:

(1) The child has not attained age 18.

(2) The child has attained age 18 but not age 22 and is attending school on a full-time basis.

(3) The child has attained age 18 and has a permanent disability as the result of a disability which began before the child attained age 18.

(f) A deceased member’s parent is deemed to have been dependent on the deceased member if the parent was receiving at least 1/2 of the parent’s support from the deceased member at the time of death.

(g) A survivor’s pension begins with the month following the month in which the member dies. If payable to a widow, widower, or parent, the survivor’s pension ceases with the month in which the survivor dies. If payable to a child, the survivor’s pension ceases with the month in which the child dies or fails to meet the conditions of eligibility under paragraph (d)(2) of this section.

62 Del. Laws, c. 415, §  6;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 524, §  12;  71 Del. Laws, c. 336, §  1;  73 Del. Laws, c. 154, §§  2, 3;  78 Del. Laws, c. 179, §  301;  79 Del. Laws, c. 315, §  9;  84 Del. Laws, c. 42, § 1;  84 Del. Laws, c. 446, § 10;  85 Del. Laws, c. 2, § 3;