Survivor’s pension

When am I entitled to a survivor’s pension?

Entitlement to a survivor’s pension depends on:

• the fulfilment of the general conditions on the part of the deceased insured person or recipient of certain pension and disability insurance entitlements;
• the fulfilment of the special conditions by the deceased’s family members.

In order to establish the eligibility conditions for a survivor’s pension, a final decision declaring the death of an insured person or the recipient of entitlements is also taken into consideration.

 

What general conditions apply to a survivor’s pension in relation to the deceased?

If the deceased was not yet the recipient of entitlements under compulsory insurance, they had to meet the conditions for an early-retirement, old-age or a disability pension (their death is deemed to be the occurrence of category I disability) by the time of their death.

 

If the deceased was a recipient of entitlements, they meet the conditions if they received:

• an early-retirement, old-age or a disability pension under compulsory insurance scheme or
• entitlements on the basis of disability under compulsory insurance scheme.

 

If an insured person or the recipient of entitlements died as a result of an injury at work or an occupational disease, the conditions are met on their side regardless of the number of years of pensionable service completed.

 

The following questions are answered below:

Are there any additional general conditions for receiving a survivor’s pension?

What are the specific conditions applying to a survivor’s pension on the part of a family member?

Which other family members may receive a survivor’s pension?

When can an entitlement to a survivor’s pension not be acquired?

How is the base for assessing the survivor’s pension set?

How is the survivor’s pension assessed if beneficiaries are children as well as other family members?

When does an entitlement to a survivor’s pension end for a family member?

Where can a claim for a survivor’s pension be made?

 

Are there any additional general conditions for receiving a survivor’s pension?

In some cases, an additional condition must be met for the entitlement to a survivor’s pension, namely that the deceased maintained the family member until their death.

 

The maintenance condition is met:

• if a family member shared joint permanent residence with the deceased up until their death and their monthly income in the calendar year prior to the death of the insured person or the recipient of entitlements did not exceed 29 % of the minimum pension base applicable at the time of occurrence of the insurance event (i.e. death);
• if the family member did not share joint permanent residence with the deceased up until their death, but was given funds of at least 29 % of the minimum pension base on a regular monthly basis by the deceased in the calendar year prior to their death.

 

What counts as a family member’s income?

A family member’s income includes cadastral income, as well as other income deemed to be the basis for the assessment under the regulations governing income tax.

 

What does not count as a family member’s income?

Social benefits in cash under the regulations governing social security benefits do not count as a family member’s income.

 

What are the specific conditions applying to a survivor’s pension on the part of a family member?

In order to receive a survivor’s pension, family members, as a rule, had to have a specific family relationship with the deceased insured person.

A survivor’s pension may be received by children and other family members.

 

When does a child receive a survivor’s pension?

A child is entitled to a survivor’s pension until the age of 15, or until the end of their schooling, but not beyond the age of 26.

 

A child who, during the year following the loss of a parent, does not qualify for enrolment in the next year of education, is entitled to a survivor’s pension until the end of the next academic year.

 

If, after reaching the age of 15, a child is registered with the employment service, they are entitled to a survivor’s pension until they reach the age of 18, if they meet all the obligations under the regulations governing the labour market.

 

A child who becomes completely incapable of work before they reach the age of 15, until the end of their schooling or until they reach the age of 26, is entitled to a survivor’s pension for the duration of the incapacity.

 

A child who becomes completely incapable of work after the age of 15, after the end of their schooling or after the age of 26, is entitled to a survivor’s pension if the insured person or recipient of entitlements maintained them up until their death.

 

When is a child deemed completely incapable of work?

In the case of a child, complete incapacity for work is considered to be incapacity to live and work independently, as established by ZPIZ’s board of examiners/disability commssion.

 

Which other family members may receive a survivor’s pension?

A stepchild, grandchild or other child without parents maintained by the deceased until their death receives a survivor’s pension if they meet the conditions laid down for children.

 

If the parents of the grandchildren or other children maintained by the deceased up until their death are still alive, these children shall be deemed to meet the special conditions for qualifying for a survivor’s pension if their parents are completely incapable of work. Such incapacity is considered to be a category I disability.

 

The parents maintained by the deceased up until the deceased person died qualify for a survivor’s pension if they:

• had reached the age of 60 at the time of the deceased’s death or
• were completely incapable of work at the time of the deceased’s death.

 

If parents who qualify for a survivor’s pension as a result of permanent incapacity to work reach the age of 60 during the period of receiving this entitlement, they retain it on a permanent basis.

 

When is another family member considered completely incapable of work?

In the case of a stepchild, grandchild or other child without parents, complete incapacity to work is considered to be incapacity to live and work independently and, for parents, a category I disability, as established by ZPIZ’s expert body/disability commission.

 

When can an entitlement to a survivor’s pension not be acquired?

A survivor’s pension cannot be acquired by a child who, at the time of the death of the insured person or recipient of entitlements through whom they would exercise the entitlement, was already married (as the duty to maintain them is held by their spouse).

 

If a family member is convicted by a final court judgement of intentionally killing the insured person, they cannot claim the entitlement to a survivor’s pension through that person.

 

How is the base for assessing the survivor’s pension set?

The assessment base for a survivor’s pension is determined in the same way as the assessment base for a widow-er’s pension.

 

How is a survivor’s pension assessed?

The level of a survivor’s pension depends, as a rule, on the number and type of family members entitled to a survivor’s pension after the death of the insured person or recipient of entitlements.

 

If either only children or other family members (stepchildren, grandchildren or other children without parents, and parents) are entitled to a survivor’s pension, it is assessed from the base at the following rates:

• one family member: 70 % of the base
• two family members: 80 % of the base
• three family members: 90 % of the base
• four or more family members: 100 % of the base

A survivor’s pension thus assessed is divided equally between the family members.

 

How is a survivor’s pension assessed if beneficiaries are children as well as other family members?

If children and other family members are entitled to a survivor’s pension, the children shall be awarded a corresponding percentage of the pension, while the other family members are entitled to any remainder of the base, which is also divided equally.

 

If division into equal parts is not possible, the oldest family member is entitled to the remainder of the pension.

 

How is a survivor’s pension paid?

Minors and other minor family members who live separately are, if they so request, paid their survivor’s pension separately.

 

How is a survivor’s pension assessed if a widow(er) is also entitled to it?

If a widow(er) is also entitled to a pension in addition to children and other family members, the following rules apply to the assessment of a survivor’s pension:

• Widow(er) and children: A survivor’s pension is assessed as a percentage of the survivor’s pension assessed from the base at a rate depending on the number of family members, including the widow(er).
• Widow(er) and other family members: a widow-er’s pension is assessed at a rate of 70 % of the assessment base. The remainder of the base is the survivor’s pension to which other family members are entitled.
• Widow(er), children and other family members: A survivor’s pension is assessed as a percentage of the survivor’s pension assessed from the base at a rate depending on the number of family members, including the widow(er). Other family members are entitled to any remainder of the base for assessing the survivor’s pension.

 

How is a survivor’s pension assessed for orphans?

A child who has lost both parents is awarded a survivor’s pension in relation to the parent with a more favourable assessment, at a rate of 100 % of the assessment base.

 

Two or more children who have lost both parents are awarded two survivor’s pensions from each of them at 100 % of the assessment base and divided equally between the children.

 

If division into equal parts is not possible, the oldest child is entitled to the remainder of the pension.

 

When does entitlement to a survivor’s pension end for a family member?

A recipient of a survivor’s pension loses that entitlement if they no longer meet the special conditions laid down for family members if:

• they reach the age of 15 and do not continue their education or register with the employment service (until the age of 18);
• they lose pupil or student status;
• they reach the age of 26.

 

Where can a claim for a survivor’s pension be made?

If you live in Slovenia, a claim for a survivor’s pension is filed with ZPIZ

• electronically via the ‘Moj eZPIZ’ system using a qualified digital certificate;
• in person at the nearest ZPIZ regional office;
• by post (form).

Following the filing of an application for recognition of an entitlement to a survivor’s pension, ZPIZ commences a procedure to issue a decision regarding entitlement to a survivor’s pension.

 

If you live in another EU/EEA Member State or in a country with which Slovenia has signed a social security agreement (LINK), you may also file a claim with the pension insurance provider in that country. The claim will then be sent to ZPIZ.

 

You may contact pension specialists at ZPIZ for any further information and clarifications concerning survivor’s pensions:

• in person at the nearest regional office during official working hours;
• by telephone or email;