State Public Pensions in Delaware

Report a death to the Office of Pensions to begin a survivor or death-benefit claim.¹

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. The election is irrevocable.²

For members retiring on or after January 1, 2015, the options are no reduction for a 50% survivor pension, a 2% reduction for 66.67%, a 3% reduction for 75%, and a 6% reduction for 100%.²

A surviving spouse under age 50 has the survivor pension actuarially reduced for each month under 50, unless caring for an unmarried child.¹

The State Employees' Pension Plan also pays a $7,000 post-retirement burial benefit to the designated beneficiary, the beneficiary named on the burial benefit designation form.^{3, 1}

Under the State Employees' Pension Plan, 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.²

Under the State Employees' Pension Plan, 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.²

The eligible survivor is the surviving spouse (legally married or civil union), then unmarried children under 18 (or 18 to 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.^{1, 2}

That order applies unless the member files a notarized Priority of Eligible Survivors form (SOP-1).^{1, 2}

If there is 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.³