I am retired and my spouse has died. How does this affect my pension?

We have discussed the survivor's pension or transition allowance which a widow/widower who is still working is entitled to in the event of the death of his/her spouse. But what happens if the beneficiary is retired? There are two possibilities in this case.

SEPARATE PENSIONS

In the first case, both spouses receive their own pension at a single pensioner rate. In this situation, the pension of the deceased spouse is discontinued and the surviving spouse continues to receive his/her pension at a single pensioner rate. The retirement pension of the surviving spouse may be supplemented by a survivor's pension up to a ceiling of 110% of the survivor's pension, calculated based on a full career. This is the case if this amount is higher than the surviving spouse's pension at a single pensioner rate. In the opposite case, the surviving spouse continues to receive his/her single pensioner rate.

The couple must have been married in order for a spouse to be eligible for the survivor's pension. Legal or de facto cohabitants are not entitled to it.

JOINT PENSION

The other situation is the one in which the married couple received a joint pension. This is the case if one of the spouses has (almost) never worked, and has therefore not built up (much of) a pension. If this spouse is entitled to a pension amounting to less than 25% of the pension of his/her spouse, there will be a recalculation for a joint pension. The couple will therefore receive 1.25 times the amount of the spouse who is entitled to a bigger pension.

If the couple received a joint pension and the surviving spouse is the person whose pension determines the calculation of the joint pension, i.e. the spouse with the bigger pension, this person will then simply go from a joint pension to a pension at a single pensioner rate.

If the couple received a joint pension and the surviving spouse is the other spouse,i.e. the spouse with the lower pension, this person will therefore receive a survivor's pension equal to 80% of the joint pension, if the surviving spouse is not entitled to his/her own pension. If the surviving spouse is entitled to his/her own pension – even a small one – it will be supplemented by a survivor's pension up to a ceiling of 110% of the survivor's pension, calculated for a full career.

Here is an example. Charles and Claire are happily married. Charles had a full career and receives a good pension. Claire has never worked in order to take care of the children. At the age of retirement they receive a joint pension – a pension for both of them – based on Charles's career. If Claire dies first, Charles will receive a pension at a single pensioner rate (based on his own career). But if Charles dies first, Claire will receive a survivor's pension which corresponds to 80% of the joint pension.

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