State Public Pensions in Delaware

State Public Pensions in Delaware: key facts

Plans administered

State Employees' Pension Plan, State Police Pension Plan, Closed State Police Plan, Judicial Plan, County and Municipal Plan (General), County and Municipal Plan (Police/Firefighters), Volunteer Firemen's Pension Plan, and the Diamond State Port Corporation Pension Plan.

Retiree death

On the death of a member receiving a service or disability pension, a monthly survivor's pension is payable to the eligible survivor based on the Joint and Survivor option elected at retirement. For members retiring on or after January 1, 2015 the options are: no reduction = 50% survivor pension; 2% reduction = 66.67%; 3% reduction = 75%; 6% reduction = 100%. The election is irrevocable.

Death in service or before retirement

If an employee dies in active service with at least 5 years of creditable service, the eligible survivor is paid 75% of the service pension the employee would have been eligible to receive. If a vested former employee dies before retiring, the survivor is paid 50%, beginning when the former employee would have been eligible for a pension (State Employees' Pension Plan).

Survivor order

Surviving spouse (legally married or civil union), then unmarried children under 18 (or 18-22 and attending school full time) and children disabled before 18, then a dependent parent who received at least half their support from the member — unless the member files a notarized Priority of Eligible Survivors form (SOP-1). A surviving spouse under 50 has the survivor pension actuarially reduced for each month under 50, unless caring for an unmarried child.

No eligible survivor

The designated beneficiary is paid a lump sum equal to the excess, if any, of the member's accumulated contributions with interest less all pension payments made, including survivor's benefits; with no designated beneficiary, the sum is paid to the estate. The State Employees' Pension Plan also pays a $7,000 post-retirement burial benefit to the designated beneficiary.

Office of Pensions

800-722-7300 (toll free) or 302-739-4208 (local); pensionoffice@delaware.gov. Report a death to begin a survivor or death-benefit claim.

Steps to take when someone dies

1. Identify which Delaware pension plan the deceased belonged to (for example, the State Employees' Pension Plan or State Police Pension Plan).
2. Report the death to the Office of Pensions so the member's pension payments stop.
3. Provide the original death certificate for a deceased pensioner or survivor pensioner, and confirm the survivor or beneficiary designation on file.
4. File the survivor pension or death-benefit claim with the documents the Office of Pensions requires.

Frequently asked questions