Start and eligibility criteria

Eligibility criteria

The right to a survival pension is a derived right that is built on the insurance career of the deceased insured person.

Survivors' benefits were originally designed around a family lifestyle in which the married woman stayed at home to look after the household chores and children, while the husband, the father, provided for everyone in his capacity as breadwinner. If he died, the widow and orphans were deprived of support and exposed to need, hence the need to help them with social benefits.

This division of roles is changing more and more. New lifestyles are emerging, and the notion of economic dependence no longer fits in with the traditional pattern. It is now common for both parents to work and contribute to the upkeep of the household. In terms of social security, the evolution of these concepts has resulted in the abandonment of the idea of an unconditional right for a woman to receive a pension on the death of her husbands and the extension of this right to men. Furthermore, the same rights to an orphan pension are granted to children in the event of the death of either the father or the mother.

The corollary of this right to a survival pension payable without distinction to the widow or widower of a predeceased insured person was the introduction of anti-overlapping provisions providing for the reduction of the survival pension in the event of combination with professional income or a personal pension; the total income should guarantee appropriate protection in the event of the spouse’s death.

With the introduction of a civil partnership status by the law of 9 July 2004, the legislator conferred a legal framework with rights and obligations upon unmarried people living together. This new legal situation has been taken into account by social security law, which now recognises the same rights for partners as those previously granted to spouses.

There are two possible situations:

the deceased insured person was not yet in receipt of a personal pension
the deceased insured person was in receipt of a personal pension

Conditions for the deceased insured person's qualification period

To be entitled to a survival pension, the insured person, who is not yet in receipt of an individual pension, must have completed a qualification period of at least 12 months under compulsory, continuous or optional insurance during the 3 years prior to the date of death.

For each insured person, the various periods are listed in their insurance record.

However, it should be noted that no qualification period is required when the death of the insured person is attributable to an accident of any kind or to a recognised occupational disease that occurred during enrolment.

If the insured person was receiving a personal pension at the time of death, entitlement to a survival pension is granted without any qualification period.

Specific conditions of the survival pension

a) Survival pension for the spouse or partner

In the event of the insured person's death, the surviving spouse or surviving partner is entitled to a survival pension, provided that:

the marriage or partnership held for at least 1 year, either before the insured person's death or before the start of the insured person's personal invalidity pension or old-age pension;
the insured person was not receiving an invalidity pension or an old-age pension at the time of the marriage or partnership.

However, you are also entitled to a survival pension if one of the following conditions is met:

the death of the insured person or their retirement on the grounds of invalidity is the direct result of an accident occurring after the marriage or partnership;
a child is born or was born during the marriage or partnership or legitimated by marriage;
where the deceased pension holder was not more than 15 years older than their spouse or partner, the marriage or partnership held for at least one year;
where the deceased pension holder was more than 15 years older than their spouse or partner, the marriage or partnership persisted at least 10 years.

b) Divorced spouse's or former civil partner's pension

In the event of the death of their former spouse, divorced spouses are entitled, under the same conditions as the surviving spouse, to a survival pension, provided they have not remarried. The same rules apply in the case of a partnership.

c) Blood relatives and relatives by marriage

If the insured person dies without leaving a surviving spouse or surviving partner, the parents and relatives in the direct line (children, grandchildren, parents) and in the collateral line up to and including the second degree (brother and sister) are entitled to a survival pension provided:

they are not married or in a partnership at the time of the insured person's death;
they were living in the same household as the insured person for at least 5 years prior to the insured person’s death;
that they did the insured person’s housework during the same period;
the deceased made a preponderant contribution to their support during the same period;
they are aged over 40 at the time of the insured person's death.

d) Orphan pensions

Legitimate children are entitled to a survival pension after the death of either the father or the mother, on the same terms as other survival pensions.

The following are considered equivalent to legitimate children: legitimised children, adopted children, children born out of wedlock and children who have lost both parents, provided that the insured person was responsible for their upkeep and upbringing during the 10 months prior to his death and that they are not entitled to an orphan pension from their parents.

Start and end of the survival pension

Survival pension for the surviving spouse or partner, divorced spouse or former civil partner

The survival pension starts on the day of the insured person's death or, if the insured person was receiving a personal pension, on the first day of the month following their death.

The survival pension ends on the last day of the month in which the pension holder died.

The survival pension will also cease with effect from the month following that of a new marriage or partnership. In this case, the survival pension is repurchased by means of a lump-sum payment (repurchase and reinstatement).

End of an orphan pension

The orphan pension is paid up to the age of 18. It is maintained until the age of 27 if the orphan is prevented from earning a living as a result of scientific or technical training for their future profession.

The orphan pension ceases in the event of death or the award of an invalidity pension. Except in the case of study, the orphan pension ceases to be paid from the month following marriage or partnership.

Last update 13.02.2025