What about the survivor's pension for spouse or partner?
What are the conditions for entitlement?
The surviving spouse or partner of a beneficiary of an old-age or disability pension, or of an insured person, is entitled to a survivor’s pension if he or she has been insured at the time of death for at least 12 months under compulsory or continued insurance during the 3 years preceding the risk.
This 3-year reference period is extended insofar as and to the extent that it overlaps with complementary periods or periods corresponding to the benefit of the social inclusion income (REVIS) or the severely disabled allowance. However, this period is not required in the event of the death of insured persons who die of an accident of any kind or a recognised occupational disease which occurred during the period they were covered.
It should be noted that there is no entitlement to a survivor’s pension for spouses who have entered into a marriage:
with a beneficiary of a pension (old-age or disability);
with an insured person less than one year before his or her retirement (due to disability or old-age) or death.
However, the following are exceptions to these principles:
the death or award of the disability pension is due to an accident;
a child is born or conceived in the marriage, or legitimised by the marriage;
the marriage lasted more than one year and the age difference between the spouses is less than 15 years;
the marriage lasted 10 years.
The same provisions shall apply in the case of a partnership.
What are the pension rights of a divorced spouse or former partner?
In the event of the death of the former spouse, the divorced spouse is entitled to a survivor’s pension provided that he or she did not enter into a new marriage before the death of the divorced spouse.
The divorced spouse’s survivor’s pension shall be established on the basis of the survivor’s pension in relation to the periods of insurance completed by the spouse during the marriage in relation to the total duration of the insurance periods taken into account.
Where one or more divorced spouses are living together with a spouse, the survivor’s pension shall be divided among the persons entitled in proportion to the duration of the various marriages.
The same provisions apply in the event of dissolution of a partnership for a reason other than death.
Who are the persons considered as on the same footing as a surviving spouse or partner?
Where a beneficiary of an old-age or disability pension, or an insured person, who satisfies the conditions for the granting of a survivor’s pension dies without leaving a surviving spouse or partner, entitlement to the survivor’s pension shall be granted to direct relatives by blood (son or daughter, grandson or granddaughter, father or mother and the spouses or partners of such persons), to relatives in the collateral line up to and including the second degree (brother and sister) and to adopted children who are minors at the time of the adoption, provided that:
they are widowed, divorced, separated, formerly partnered or single;
they have been living in domestic partnership with the insured or pensioner for at least 5 years prior to his or her death;
that they lived together during the same period;
the insured or the pensioner has made a significant contribution to their maintenance during the same period;
they are over 40 years of age at the time of the death of the insured or the pensioner.
The annual survivor’s pension consists of the following upon the death of a beneficiary of an old-age or disability pension or of an insured person:
3/4 of the proportional increases (including, where applicable, the staggered increase) and special proportional increases to which the insured was or would have been entitled;
the totality of the flat-rate increases and special flat-rate increases to which the insured person was or would have been entitled;
the full end-of-year allowance calculated for the pension to which the insured person was or would have been entitled.
In no case may the total survivors’ pension for an insured person exceed the pension that would have been due to the insured person or, if this method of calculation is more favourable, the average of the 5 highest salaries, wages or annual contributory incomes during the contribution period, without this average being less than the reference amount increased by 20% (€2,993.09 per month on 1 January 2024). If the total of the survivors’ pensions exceeds this limit, they are reduced proportionately.
If the pension is not paid to the recipient for the entire calendar year, the end-of-year allowance is reduced to 1/12 for each full calendar month. The surviving spouse or partner who lived in domestic partnership with the recipient of an old-age or disability pension is entitled to the full allowance for the period of the calendar year up to the end of the month of death.
A minimum pension may also be granted to the surviving spouses or partners of an insured person or pensioner who meets the qualifying conditions for the minimum pension. The survivor’s pension is increased up to the minimum pension to which the deceased insured person was or would have been entitled. In the event of early death, the number of years missing between the beginning of the entitlement to a pension and the age of 65 shall be taken into account to supplement the abovementioned qualifying period, but the total number of years may not exceed 40.
In calculating the maximum survivor’s pension, the reversionary factors are applied taking into account the maximum pension provided for the insured principal. Survivors’ pensions are indexed to changes in the cost of living and adjusted to changes in wage levels.
In order to save you from having to deal with the rather complicated provisions of the Social Security Code, CSL has developed a software program, available on its website, which you can use to automatically calculate the amount of the survivor’s pension for your spouse or partner.
If a survivor’s pension is combined with an accident survivor’s pension, the pension shall be reduced if it exceeds, together with the accident pension:
3/4 of the average of the 5 highest annual salaries, incomes or wages during the career, without this average being less than the reference amount increased by 20% (€2,993.09 per month on 1 January 2024);
the professional income used to calculate the accident pension, if this other method of calculation is more favourable.
When the survivor’s pension exceeds, together with professional income, replacement income or personal pensions, a threshold corresponding to the reference amount increased by 50% (€3,741.36 per month as of 1 January 2024), it is reduced by 30% of the amount of personal income, excluding that representing the difference between the survivor’s pension and the said threshold, if the survivor’s pension is lower than the latter.
This threshold is increased by 4% for each child awarding entitlement to baby-years or the lump-sum child-rearing allowance. This percentage is increased to 12% for each child entitled to an orphan’s pension.
However, among the professional income or replacement income relating to a professional activity, an amount corresponding to 2/3 of the reference amount is excluded (this exempted professional income corresponds, on 1 January 2024, to a monthly amount of €1,662.83).
Examples of the application of the anti-overlap provisions in January 2024
When a survivor’s pension, together with the beneficiary’s personal income, exceeded a threshold of €3,741.36 per month in January 2024, it is reduced by 30% of the amount of the personal income, excluding the income representing the difference between the survivor’s pension and the said threshold in case the survivor’s pension is lower than the latter.
Personal income includes professional income and replacement income exceeding € 1,662.83 in January 2024. Personal pensions, on the other hand, are always taken into account, regardless of the amount.
COMBINING A SURVIVOR’S PENSION WITH A PERSONAL PENSION Example a Monthly survivor’s pension: €4,000 Personal monthly pension: €625 Total: €4,625 Threshold: €3,741.36 Since the survivor’s pension alone already exceeds the threshold, it is reduced by 30% of the personal pension: 30% of €625 = €187.50 Reduced widow’s pension: €4,000– €187.50 = €3,812.50
Example b Monthly survivor’s pension: €2,200 Personal monthly pension: €1,700 Total: €3,900. Threshold: €3,741.36 If the survivor’s pension is below the threshold, but the total of the 2 pensions is above the threshold, the survivor’s pension is reduced by 30% of the amount of the personal pension, excluding the amount of the difference between the survivor’s pension and the threshold. This amount is: €3,741.36 – €2,200 = €1,541.36 Personal pension to be taken into account: €1,700 – €1,541.36 = €158.64 30% of this amount: 158.64 x 30% = €47.59 Reduced survivor’s pension: €2,200 – 47.59 = €2,152.41 Again, if the total of 2 pensions were below the threshold, no reduction would be required.
COMBINATION OF A SURVIVOR’S PENSION WITH AN OCCUPATIONAL INCOME Professional income is only taken into account if it exceeds €1,662.83 per month. This exempt amount is deducted from any higher income.
Example a Monthly salary: €2,000 Amount exempted: €1,662.83 Salary to be taken into account: €337.17 Monthly survivor’s pension: €1,000 Total to be taken into account: €1,337.17 Threshold: €3,741.36 The total of the salary to be taken into account and the survivor’s pension is below the threshold, so that there is no reduction to be made in the survivor’s pension.
Example b Monthly salary: €4,000 Amount exempted: €1,662.83 Salary to be taken into account: €2,337.17 Monthly survivor’s pension: €1,500 Total to be taken into account: €3,837.17 Threshold: €3,741.36 The total of the salary to be taken into account and the survivor’s pension exceeds the threshold, so the pension is reduced: Reduction: 30% of the salary to be taken into account (minus the difference between the survivor’s pension and the threshold) = 30% of [€2,337.17 – (€3,741.36 – €1,500)] = €28.74 Survivor’s pension due: €1,500 – €28 = €1,471.26
Example c Monthly salary: €4,250 Amount exempted: €1,662.83 Salary to be taken into account: €2,587.17 Monthly survivor’s pension: €1,200 Total to be taken into account: €3,787.17 Threshold: €3,741.36 The total of the salary to be taken into account and the survivor’s pension exceeds the threshold, so the pension is reduced: Reduction: 30% of the salary to be taken into account (minus the difference between the survivor’s pension and the threshold) = 30% of [€2,587.17 – (€3,741.36 – € 1,200)] = €13.74 Survivor’s pension due: €1,100 – €13.74 = €1,186.26
In addition, in order to save you from having to deal with the rather complicated provisions of the Social Security Code, the CSL has a software programme, available on its website, which automatically calculates the amount of the survivor’s pension when overlapped with a personal pension or a salary.
The survivor’s pension shall commence on the day of the insured’s death or, if the insured was drawing an disability or old-age pension, on the first day of the month following death.
Survivor’s pensions cease to be paid from the month following the month in which a person remarries or enters into a civil partnership.
If the new marriage or partnership takes place before the age of 50, the survivor’s pension is terminated by a lump-sum settlement 5 times the amount paid over the previous 12 months. If the new marriage or partnership takes place after the age of 50, the rate is 3 times the amount paid over the previous 12 months.
The amount of the reinstatement is limited to the flat-rate and proportional increases and does not take into account any reductions due under the anti-overlap provisions. Special proportional and special flat-rate increases that refer to prospective periods are disregarded.
If a new marriage or partnership is dissolved, either by divorce or the end of the partnership, or by the death of the spouse or partner, entitlement to the survivor’s pension is reinstated from either 5 or 3 years after any new engagement, as appropriate. If the dissolution of the marriage or partnership occurs during the reinstatement period, the pension shall be reinstated from the first day of the month following this dissolution, less the amount used to determine the purchase for the remaining period.
If the death of the new spouse or partner also gives rise to an entitlement to a survivor’s pension, only the higher pension is paid.
Legitimate children are entitled to a survivor’s pension after the death of either the father or the mother, under the same conditions as for other survivor’s pensions.
The following are considered legitimate children:
legitimised children;
adopted children;
natural children;
children who have lost their father and/or mother, provided that the insured or the beneficiary of the pension had been responsible for their upbringing and education for the 10 months preceding the death, and that the children are not entitled to any other orphan’s pension in respect of their parents.
The orphan’s pension is granted until the age of 18. It is granted or maintained up to the age of 27 if the orphan is prevented from earning a living if engaged in scientific or technical training for his future profession.
Orphan’s pension cease on expiry of the age limits laid down or earlier if the child dies. Except in the case of academics, an orphan’s pension ceases to be paid from the month following the marriage or declaration of partnership of the beneficiary. It also ceases if a personal pension is granted.
What about the calculation method and anti-overlap provisions?
The orphan’s annual survivor’s pension consists of the following in the event of the death of a beneficiary of an old-age or disability pension, or of an insured person:
1/4 of the proportional increases (including, where applicable, the staggered increase) and the special proportional increases to which the insured was or would have been entitled;
1/3 of the flat-rate increases and special flat-rate increases to which the insured person was or would have been entitled;
1/3 of the end-of-year allowance.
For orphans of both parents, the pension is double that referred to above.
Where an entitlement to an orphan’s pension exists on the part of both the father and the mother, the higher pension is paid.
The minimum orphan’s pension will be €612.86 per month from 1 January 2024.
Orphan’s pensions are indexed to changes in the cost of living and adjusted to changes in wage levels.
If an orphan’s pension is combined with a survivor’s pension, the pension shall be reduced to the extent that it exceeds, together with the accident pension:
when a child is a double orphan:
3/4 of the average of the 5 highest annual salaries, wages or other earnings in the deceased’s contributions history, without this average being less than the reference amount increased by 20% (€2,993.09 per month on 1 January 2024);
the professional income used to calculate the accident pension, if this other method of calculation is more favourable.
when a child is a half-orphan:
1/3 of the average of the 5 highest annual salaries, wages or other earnings in the deceased’s contributions history, without this average being less than the reference amount increased by 20%;
the professional income used to calculate the accident pension, if this other method of calculation is more favourable.
In no case may the total survivors’ pensions in respect of an insured person exceed the pension that would have been due to the insured person or, if this method of calculation is more favourable, the average of the 5 highest annual salaries, wages or contributory incomes during the insurance period, but this average may not be less than the reference amount plus 20%. If the total of the survivors’ pensions exceeds this limit, they are reduced proportionately.
Examples of survivor pension calculations in January 2024 (index number 944.43 and revaluation factor 1.520)
Let’s assume an old-age pension of €2,819.82 per month, broken down into the following components: Flat-rate increases: €619.82 Proportional increases: €2,200 Total: €2,819.82
CALCULATION OF THE SURVIVING SPOUSE’S MONTHLY PENSION
The flat-rate increases are due in full: €610.12
Proportional increases are due at the rate of 3/4: €2,200 x 3/4 = €1,650
Monthly pension: €2,269.82
CALCULATION OF THE PENSION FOR AN ORPHAN Flat-rate increases are due at the rate of 1/3: €619.82 x 1/3 = €206.61 Proportional increases are due at the rate of 1/4: €2,200 x 1/4 = €550 Monthly pension: €756.61 The total survivor’s pension cannot be higher than the pension that would have been due to the insured person, or the average of the 5 highest salaries, wages or annual contributory incomes of the insurance period, without this average being lower than the reference amount increased by 20%, i.e. €2,993.09 per month as of 1 January 2024. Insured’s pension: €2,819.82 Average of the 5 highest salaries: €2,850 < €2,993.09 Surviving spouse’s pension: €2,269.82 Orphan’s pension: €756.61 Total of the 2 pensions: €3,026.43 > €2,993.09 Survivor’s pensions are therefore to be reduced proportionally (highest ceiling): Reduction factor: 2,993.09 / 3,026.43 = 0.9889837 Monthly amount of the surviving spouse’s pension: €2,269.82 x 0.9889837 = €2,244.81 Monthly amount of the orphan’s pension: 756.61 x 0.9889837 = €748.27 Total of both pensions: €2,993.09
CALCULATION OF THE SURVIVOR’S PENSION IN CASE OF DIVORCE Single divorced spouse Normal survivor’s pension: €1,700 Duration of marriage: 1 February 1977 – 31 October 1987 (divorce transcription document) Months of insurance during this period: 129 months Total months of insurance from 1970 – 2010: 480 months Prorated divorce: 129 / 480 = 0.27 The divorced spouse’s share of the pension is therefore €1,700 x 0.27 = €459 per month
Combination of a survivor’s pension for a divorced spouse with a survivor’s pension for a widow/widower In this case, the different pension shares are calculated in proportion to the duration of the different marriages: Duration of 1st marriage: 1 February 1977 – 31 October 1987 : 129 months Duration of the 2nd marriage: 1 March 2001 – 28 February 2010: 108 months Total duration of both marriages: 237 months Divorced spouse’s share: 129 / 237 = 0.54 Widow’s/widower’s share: 108 / 237 = 0.46
According to this calculation, the divorced spouse would therefore receive 54% of the normal pension. However, there is an additional legal provision that the divorced spouse’s share cannot exceed that which would be payable if he or she were the sole beneficiary.
In the above example, the divorced spouse is therefore only entitled to the percentage resulting from the first calculation, i.e. 27% (129 months / 480 months) of the normal survivor’s pension = €459.
The widow/widower is entitled to the difference between this share and the normal survivor’s pension, i.e. €1,700 – €459 = €1,241 or 73% of the total survivor’s pension.
If the divorced spouse’s “marriage” percentage had been lower than the insurance period percentage, the former would have been used to calculate the divorced spouse’s share of the pension.
In summary, it can be said that the divorced spouse is always entitled to the smaller share of the pension resulting from the 2 calculations.
In order to save you from having to deal with the rather complicated provisions of the Social Security Code, CSL has developed a software program, available on its website, which you can use to automatically calculate the amount of the survivor’s pension in case of overlap with a personal pension or a salary.
What is the administrative procedure for survivor's pensions?
All pensions are granted only upon formal application by the persons concerned.
Even if a pensioner dies, the survivor’s pension can only be granted upon application by the survivors. If the death of the insured person is known, the National pension insurance fund sends an application form to the survivors.
Extracts from a marriage certificate or declaration of civil partnership and the death certificate must be attached to the application.
Survivors of insured persons who live in another country must submit their claim to the competent body in their place of residence, in accordance with the legal requirements of that country.
After review of the conditions for awarding the pension, it is approved or rejected by a decision that can be appealed.
The pensions of survivors who lived with a recipient of an old-age or disability pension in a common household or were dependent on the recipient for maintenance receive a supplement for the 3 months following entitlement up to the amount of the deceased’s pension.
If the deceased was not yet in receipt of an old-age or disability pension, the pensions of survivors who lived in the same household as the insured person or who were dependent on him for maintenance will be supplemented for the month of death and the 3 subsequent months up to the amount of the pension to which the deceased would have been entitled.
If salary payments relating to the end of the month in which the employee dies and a benefit equal to 3 monthly salaries is awarded to survivors, the survivor’s pension and the supplement shall be paid as compensation to the employer.