Surviving Spouse Pension - Articles

Article II 5.01 Entitlement to Pension for Surviving Spouse

The following shall be entitled to a pension for surviving spouse:

a) the spouse of a deceased member whose marriage dates from at least one year prior to the decease. This condition of duration of the marriage shall not apply if the decease resulted from an occupational accident, or occupational illness, or if the survivor has at least one dependent child at the time of decease;

b) the spouse of a deceased beneficiary whose marriage dates from at least five years prior to the decease. This condition of duration of the marriage shall not apply if the entitlement was preexistent, the conditions of a) above having been met, or if the deceased was the beneficiary of a disability pension, or if the survivor has at least one dependent child at the time of decease;

c) subject to the provisions of Article II 5.02, the divorced spouse of a deceased member or beneficiary.

Notwithstanding the foregoing, a marriage to a beneficiary taking place on or after 1 August 2006 shall not give rise to entitlement to a surviving spouse’s pension, except where the beneficiary has decided to procure the said entitlement pursuant to Article II 5.09.

Article II 5.03 Duration of the Pension for Surviving Spouse

The pension for surviving spouse shall commence:

a) on the day following the day of the death of the member;

b) on the first day of the month following that of the death of the beneficiary.

It shall cease on the last day of the month of the death of its beneficiary, or on the date of the latter’s remarriage (in which case the beneficiary shall receive a sum equal to three times the annual amount of the pension at the date of remarriage), or, for a divorced surviving spouse, when the legal obligation to maintenance would have otherwise terminated.

Article II 5.09 Procurement of an Entitlement to Pension for Surviving Spouse

Where, pursuant to Article II 5.01, there is no entitlement to a surviving spouse's pension, the beneficiary of a retirement pension or total disability pension may procure an entitlement to all (55% of the pension of the deceased) or part (20% or 40% of the pension of the deceased) of such a benefit, under conditions specified in a Regulation. The beneficiary shall submit a request within 180 days of the date of marriage.

The corresponding premium shall be deducted from the beneficiary’s monthly benefit.

The surviving spouse’s pension procured will be payable provided that the marriage dates from at least five years prior to the beneficiary’s death. In the event that the beneficiary dies within this five-year period, the following reduction factors apply to the surviving spouse’s pension payable:

a) 100% should the beneficiary die within the first year of marriage;

b) 80% should the beneficiary die within the second year of marriage;

c) 60% should the beneficiary die within the third year of marriage;

d) 40% should the beneficiary die within the fourth year of marriage;

e) 20% should the beneficiary die within the fifth year of marriage.