Survivor’s pension

CONDITIONS FOR ENTITLEMENT TO A SURVIVOR'S PENSION

Entitlement to a survivor's pension depends on meeting general and specific conditions. General conditions must be met by a deceased insured person or a beneficiary of entitlements from the pension and disability insurance, specific once, on the other hand, by their survivors.

A. General Conditions on the Part of the Deceased

If a deceased person was still a member of the insurance scheme, the conditions are met if

• they had qualified for an early, old-age, or a disability pension, under ZPIZ-2. Their death is considered as the occurrence of disability of category I.

If a deceased person was a pension beneficiary the conditions are met, if

• they had been entitled to an early, old-age, or a disability pension from the compulsory insurance, or
• disability benefits from the compulsory insurance scheme.

If the death of an insured person resulted from an injury at work or occupational disease, survivor's are entitled to a survivor's pension irrespective of the pension qualifying period completed by the insured person.  

When establishing the conditions for the entitlement to a survivor's pension, a final decision declaring the death of an insured person or beneficiary has the same effect as their death.

B. Additional General Condition

In some cases an additional condition for the entitlement to survivor's pension is that the deceased insured person provided maintenance for survivors until the former’s death.

The condition is met if a survivor:

• shared their permanent residence with the deceased insured person until the death of the latter, and
• their average monthly income in the calendar year preceding the death of the insured person or beneficiary did not exceed 29 percent of the minimum pension base relevant at the time of insurance case occurrence (death). The income limit for 2018 will be published once the minimum pension base is known.

The income of survivors includes cadastral income and other taxable income, as stipulated by the income tax.

The income of survivors does not include financial social assistance under provisions regulating social welfare benefits.

If both parents claiming the entitlement to a survivor's pension are still alive, the income of one parent is divided between both, when establishing their total average monthly income prior to the death of the insured person or beneficiary. The same provision applies if both parents receive an income.

Irrespective of their permanent residence, a deceased is deemed to have provided maintenance for a survivor until his/her death, if the former regularly, on a monthly basis, provided the later with money at a minimum amount of 29% of the minimum pension base in the calendar year prior to the insurance case occurrence. 

As a rule the aforementioned general conditions have to be met cumulatively.

C. Special Conditions on the Part of Survivors

Survivor's pension can be awarded to the following survivors:

• children
• foster children, grandchildren and other parentless children for whom the deceased insured person or beneficiary provided for maintenance under provisions regulating conjugal community and family relationships.

Even if their parents are still alive, but are completely incapable of work (disability category I), grandchildren and other children who were provided for by the deceased insured person or beneficiary until his/her death are deemed to have fulfilled special conditions for the entitlement to a survivor's pension.

CHILDREN

Children are entitled to survivor's pension until they reach 15 years of age or as long as they study, yet until they reach 26 years of age at the latest.

A child who in a year of their parent's death fails to meet the conditions for admission to the next year of studies retains the entitlement to a survivor's pension until the end of the following school year.   

A child registered with the Employment Service after reaching 15 years of age can qualify for a survivor's pension until they reach 18 years of age, provided that they fulfil all obligations pursuant to labour market regulations.

Children who have become disabled before the age up to which they are entitled to a survivor's pension (15 years) or the end of studies (max. 26 years of age) is entitled to a survivor's pension for the duration of such incapacity.

Children who have become disabled after the age up to which they were entitled to a survivor's pension, or after completing their studies, are entitled to a survivor's pension if  the insured person or beneficiary had paid maintenance for them until his/her death.

Foster children, grandchildren and other parentless children for whom the deceased had paid maintenance until his/her death can qualify for a survivor's pension as long as they fulfil the requirements applicable to children.

PARENTS

Parents for whom the deceased had provided for maintenance until his/her death can qualify for a survivor's pension in 2018 if:

• they have reached 60 years of age or
• they were disabled by the time of his/her death.

Parents entitled to a survivor's pension due to permanent incapacity for work, who during their entitlement reach 60 years of age, retain their entitlement permanently.

In children the incapacity for independent life and work is deemed as complete incapacity for work, constituting a survivor’s pension condition, while in other claimants disability of category I is deemed as such; the existence of both is established by the Institute’s Board of Examiners.