Delaware Code
Subchapter III. Service, Disability and Survivor’s Pensions
§ 8372. Ordinary survivor's pension [For application of this section, see 79 Del. Laws, c. 315, § 10].

(a) Upon the death of a member in service, a monthly survivor's pension shall be payable to the primary survivor equal to 1/2 of the member's compensation.
(b) Upon the death of a member in service, whose death occurred in the line of duty, a monthly survivor's pension shall be payable to the primary survivor equal to three-quarters of the member's compensation.
(c) Upon the death of a retired member, a monthly survivor's pension shall be payable to the primary survivor and surviving dependents equal to the greater of:

(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.
(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, it shall become payable in the following month to the next primary survivor as defined in § 8351(13) of this title or cease with that month in the absence of eligible dependents. If payable to a child who dies or fails to meet the conditions of eligibility in § 8351(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.

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