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The survivor's pension is intended for whichever spouse lives longest, be it the husband or the wife.
The survivor's pension for employees.
The prerequisites for making a successful application are:
1) The applicant must have been married for at least one year, unless:
- he or she has a dependent child for whom an entitlement to family allowance exists, or
- the death is the result of an accident or occupational illness occurring after the marriage.
2) The applicant is at least 45 years of age, unless:
- he or she has a dependent child for whom an entitlement to family allowance exists, or
- he or she has an incapacity for work of at least 66%, or
- the survivor has worked in the mines for at least 20 years.
If the surviving spouse remarries, the survivor's pension is suspended. However, if the new marriage is dissolved (death, legal separation), then a renewed entitlement to a survivor's pension arises.
Calculating the survivor's pension
The survivor's pension is calculated based on the retirement pension that the deceased should have received at the time of the death.
The spouse dies before reaching pensionable age
The survivor's pension accounts for 80% of the notional retirement pension which the deceased spouse should have received. Applications must be filed within one year.
If the spouse dies after retirement
The survivor's pension is equal to 80% of the deceased's retirement pension, calculated at the family rate. This equates to the retirement pension for single people to which the deceased was or should have been entitled. The calculation and adjustment are carried out automatically.
Ceiling on extra earnings
There is a ceiling on the amount that pensioners may earn without affecting their entitlement. The excess amount is deducted from the pension.
Related matters
Upon the death of a spouse there is a possible entitlement to a single payment to cover funeral expenses. There is also a temporary survivor's pension as a transitional measure for those cases where there is no longer any entitlement to a survivor's pension.
No rights can be derived from this text.
Text last edited on: 08/2006
Source: European Union
© European Communities, 1995-2007
Reproduction is authorised.
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