{"data":{"id":"us-de/11-del.-c.-8822","jurisdiction":"us-de","citation":"11 Del. C. § 8822","heading":"Ordinary survivor’s pension [For application of this section, see 79 Del. Laws, c. 315, § 10].","body":"(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 to 3/4 of 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.\n(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 to 3/4 of the member’s compensation.\n(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,2/3 of 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:\n(1) Prior to retirement; or\n(2) For at least 1 year before the date of death, unless the death was the result of an accident.\n(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.","path":["Title 11. Crimes and Criminal Procedure","Law-Enforcement Administration","CHAPTER 88. Delaware County and Municipal Police/Firefighter Pension Plan"],"source_url":"https://delcode.delaware.gov/title11/c088/index.html#8822","current_through":"2026-08-10 (85 Del. Laws, c. 421, 424)","vintage":"","retrieved_at":"2026-09-05T23:02:15Z","sha256":"760ecf0382e068c2a8eaff4c5c997dc16ceb6c3bdf11b49c2b289c722eff0b6f","source_id":"us-de","stale":true,"prev":"us-de/11-del.-c.-8821a","next":"us-de/11-del.-c.-8823"},"notice":"GroundRules: Original legal text. Not legal advice."}