Pension loan for survivors of pensioner and deceased worker
The survivors’ pension is an economic benefit paid to the family members of the pensioner (survivor’s pension) or of the deceased worker (indirect pension). The right to a privileged pension (indirect or reversible) can be recognized for survivors of workers and pensioners of the public administration.
The survivors of the member in the compulsory general insurance for employees are entitled to the indirect preferential pension for incapacity in the event that the death of the assignor is attributable, with a direct causal link, to the service provided during an employment relationship.
Who is it for?
Survivors’ pensions loan can be requested by:
- the surviving spouse, even if separated;
- the surviving spouse separated by debit, if holding a maintenance allowance;
- the divorced spouse, if he / she holds a divorce allowance;
- children, legitimate or legitimated, adoptive or affiliated, natural, legally or judicially recognized, born from the previous marriage of the other spouse, who at the date of death of the parent are minors, incapacitated of any age, students aged 21 or 26 years if university and dependent on the date of death of the same;
- the children, not recognizable pursuant to articles 279, 580 and 594 of the civil code, born from the previous marriage of the other spouse, recognized legally or judicially declared by the deceased’s spouse, minors regularly entrusted by competent bodies in accordance with the law, which date of death of the parent are minors, incapacitated of any age, students within 21 years or 26 if university and dependent on the date of death of the same
- minor grandchildren (equivalent to children) if dependent on the grandfather or grandmother, even if not formally entrusted to them, on their date of death.
In the absence of the spouse, children and grandchildren, the pension can be paid:
- to parents of at least 65 years of age, who are not pensioners, who are dependent on the worker on the date of death of the worker and / or pensioner.
In the absence of a spouse, children, grandchildren and parents, the pension can be paid:
- to incapacitated unmarried brothers and unmarried unmarried sisters who are not pensioners and who are dependent on the employee on the date of death of the worker and / or pensioner.
WHO IS “DISABLED”
The subject who due to illness or physical or mental defect finds himself in the absolute and permanent impossibility of carrying out any work activity is incapable.
For disabled children over the age of 18, there is the possibility of retaining survivors’ right to retirement despite carrying out particular work for therapeutic purposes and with certain employers (circular no. 15 of 2009).
The survivor is considered to be dependent on the deceased under the following conditions:
- Economic non-self-sufficiency: when, after deducting the incomes that are not legally computable, the survivor’s income does not exceed the minimum pension amount increased by 30%. In the case of surviving incapacitated adult children, for deaths subsequent to 31 October 2000, for the assessment of the requirement of economic non-self-sufficiency, reference is made to the criterion for the recognition of the right to pension of total civil disabled, for which the limit of income is established by article 14-septies of the law of 29 February 1980, n. 33, annually re-evaluated. For incapacitated children who are in the conditions provided for by article 5 of law no. 222 of 1984 and who are unable to walk or need continuous assistance, the limit must be increased by the amount of the accompanying allowance.
- Habitual maintenance: a condition that can be deduced from the actual conduct of the assignor towards the beneficiary.
- For the verification of the conditions of economic self-sufficiency and habitual maintenance, the cohabitation of the survivor with the deceased assumes particular importance.
How does it work
The survivors’ pension loan starts on the first day of the month following the month of the death of the worker or pensioner, regardless of the date of submission of the application.
The amount for survivors is calculated on the basis of the pension due to the deceased worker or the pension in payment to the deceased pensioner by applying the percentages provided for by law 335/95:
- 60%, only spouse;
- 70%, only one child;
- 80%, spouse and one child or two children without spouse;
- 100% spouse and two or more children;
- 15% for any other family member with a right other than the spouse, children and grandchildren.
Pensions for surviving spouses from 1 January 2012 are subject to a reduction in the percentage rate in these cases:
- the deceased contracted marriage over the age of 70;
- the age difference between the spouses is greater than 20 years;
- the duration of the marriage is less than ten years;
- there is no curtailment if there are minor children, students or disabled people.
From 1 September 1995 the survivors’ pension is reduced if the holder has other income, as indicated in the table:
Income amount and percentage reduction
Incumulability does not apply in the presence of joint holders belonging to the same family unit.
When he becomes a survivor’s pension holder, the holder of a social allowance or a social pension loses the right to these benefits which are withdrawn from the effective date of the new pension, even if paid by an entity other than Social Institute. Instead, they should only be reconstituted if they derive from civil disability, given that the income of the previous year is the requirement for their granting or revocation.