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State of Delaware Office of Pensions

Judicial Plan - Survivor Benefits


The following lists the priority of survivor(s) unless you change the priority by filing a Priority of Eligible Survivors form (completed in its entirety) with the Office of Pensions:

  1. Surviving spouse* (widow or widower), provided such person had been married to the deceased member for at least one (1) year before the date of death;
  2. Unmarried child or children either under age 18 or between age 18 and 22, and attending school on a full-time basis, or over age 18 but permanently disabled before age 18;
  3. Dependent parent who was receiving at least one-half of his or her support from the member at the time of the member’s death.

*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. 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 an unmarried child(ren) as outlined in #2 above.


  • If death occurs prior to making this election, the survivor(s) will receive a pension equal to two-thirds (66.67%) of the pension the retired member would have received.
  • If an employee dies while actively employed, an eligible survivor(s) will be paid two-thirds (66.67%) of the service pension the active employee would have been eligible to receive effective the 1st of the month following the employee’s death.
  • If an employee dies while not in active service and is vested, the eligible survivor(s) will be paid a survivor’s pension, beginning the first of the month during which the member would have reached the age of 62. The amount of the pension will be one-half (50%) of the service pension the employee would have been eligible to receive at age 62.


At the time of retirement, an irrevocable election shall be made to provide a monthly pension benefit to eligible survivor(s) based on the options below:

Those retiring on or after January 1, 2015*

  • No reduction to member’s pension = 50% survivor’s pension
  • 2% reduction to member’s pension = 66.67% survivor’s pension
  • 3% reduction to member’s pension = 75% survivor’s pension
  • 6% reduction to member’s pension = 100% survivor’s pension

*This election is irrevocable and must be made prior to the issuance of the first pension direct deposit.

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State Employees' Pension
Summary Plan Description

To access and pay for the training online please visit: The Delaware Safety Council
Enter Retirees' discount code and pay $12.

This training is for retirees only in the State Employees’, Judicial, Old State Police and New State Police Pension Plans and is not intended for family members.
Contact Delaware Safety Council for Questions at:
(302) 276-0660

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Delaware Office of Pensions Logo
State of Delaware Office of Pensions
McArdle Building, 860 Silver Lake Blvd., Suite #1
Dover, DE 19904-2402
Toll Free: (800) 722-7300, Local: (302) 739-4208
SLC 570A
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