Sponsored content by ING • Brand Voice •Expat Corner• 24.09.2020
What are the survivor’s benefits in Luxembourg
Photo: ING Luxembourg
What happens if one of your relatives with whom you have lived for a long time unfortunately disappears? What are your rights as a survivor in the Grand-Duchy? What and how can you claim? To make the answers simple and easy to understand, here are the three main benefits for survivors.
First, you can apply for the flat-rate funeral allowance. This is to cover the coffin, flowers, transportation, cremation or burial, obituary, communal fees and taxes. The benefit is capped and reviewed on a yearly basis. On 1 January 2020, the amount was EUR 1085.19. If your request concerns a child under the age of 6 or a stillborn child, only 50% and 20% respectively of the full amount is paid. The funeral allowance is paid up to the costs incurred to the person or the institution that has paid the costs upfront or, if a public body arranged the funeral through an undertaker, directly to the latter. For more information about the funeral allowance, you can contact the National Health Fund (Caisse nationale de santé or CNS).
You are entitled to a survivor’s pension if you are:
- the divorced spouse or formerly registered partner;
- a direct (child, grandchild or parent) or indirect relative (brother or sister) up to the second degree, if the insured person dies without leaving a surviving spouse or partner.
For a survivor’s pension to be granted to eligible survivors, certain conditions must be fulfilled. If the deceased person was not yet the recipient of a pension, he or she must have been insured under the compulsory insurance system for at least 12 months over a three-year period before the death. This qualifying period is not required if the death occurred as a result of any kind of accident, or a recognized occupational disease. Periods of insurance completed in other Member States of the EU are considered as valid.
If you are the surviving spouse or partner, your marriage or partnership must have taken place at least one year before the death or the retirement of your spouse or partner owing to invalidity or age or your spouse or partner was not the beneficiary of invalidity or old-age pension at the time of the marriage or the partnership. The pension is nevertheless due in these cases under special circumstances (e.g. when the death was due to an accident). The pension for the surviving spouse or partner consists of the full amount of the flat-rate pension amount to which the insured person was or could have been entitled, plus 75% of the proportional pension supplements to which the insured person was or could have been entitled.
If you are the divorced spouse or the former partner, you must not have remarried or entered a new legal partnership. Your survivor’s pension will be established based on insurance periods completed by the insured spouse or partner during the marriage or the partnership.
If you are a direct or indirect relative up to the second degree who wants to be considered as a person with similar rights to the surviving spouse or partner, you must meet all the following conditions:
- you must have lived in cohabitation with your deceased insured family member or beneficiary of the pension for at least five years before his or her death;
- you must have been part of his or her household during the same period;
- your deceased family member must have been your main financial supporter during the same period;
- you must be over 40 years at the time of death of your family member.
In the event of the death of your father or your mother, you are entitled to an orphan’s pension, provided that you are not married or engaged in a partnership (unless you are as a student). Obtaining an orphan’s pension is linked to the same conditions that apply for all other survivor’s pensions, namely the situation of the deceased parent (already receiving a pension or insured for at least 12 months over a three-year period before the death).
An orphan's pension consists of one third of the flat-rate pension amount to which the insured person was or could have been entitled, as well as 25% of the proportional pension supplements to which the insured person was or could have been entitled. If both parents have died, the orphan's pension rate is doubled. The orphan's pension is awarded up to the age of 18. It continues to be paid up to the age of 27 if you are still studying.
For more information about the survivor’s pensions and the orphan’s pension, you can contact the National Pension Insurance Fund (Caisse nationale d’assurance pension or CNAP).
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