Delaware Code
Chapter 56. PENSIONS FOR MEMBERS OF THE STATE JUDICIARY
§ 5614. Revised plan — Survivor's pension [For application of this section, see 79 Del. Laws, c. 315, § 10].

(a) Upon the death during service of a member covered by the revised plan, a monthly survivor's pension shall be payable to the member's eligible survivor or survivors equal to two-thirds of the service pension for which the judge 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) Upon the death of a member covered by the revised plan and receiving a service or disability pension at the time of his or her death, a monthly survivor's pension shall be payable to his or her eligible survivor or survivor's equal to:

(1) One half of such service or disability pension; or
(2) If such pension was computed under § 5613(3) a. or b. of this title, 2/3 of such service or disability pension; or
(3) If such pension was computed under § 5613(3)c. of this title, 75% of such service or disability pension; or
(4) If such pension was computed under § 5613(3)d. of this title, 100% of such service or disability pension.
(c) Upon the death after retirement of a member covered by the revised plan, who has a vested right to a pension pursuant to § 5612(b) of this title, but who dies before reaching the age of 62, a monthly survivor's pension shall be payable beginning in the month during which the member would have reached the age of 62 in an amount equal to one half of the pension for which the judge 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 shall be as follows, provided that a member may change the priority of eligible survivors specified herein by designating his or her priority of eligible survivors on a form prescribed by 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).
(e) 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. However, 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.
(f) A parent shall be deemed to have been dependent on the deceased member if such individual was receiving at least 1/2 of his or her support from the deceased member at the time of death.
(g) A survivor's pension shall begin with the month following the month in which the member dies. If payable to a widow, widower or parent, it shall cease with the month in which the survivor 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 (2)c. of this section.