Surviving Spouse Pension - Beneficiaries - Calculation - Articles

Article II 5.05 Amount of the Pension for the Surviving Spouse of a Beneficiary

The pension for the surviving spouse of a beneficiary shall be equal to 55% of the pension of the deceased excluding allowances, without application of the factor specified in Article II 2.05 if the beneficiary was in receipt of an anticipated retirement pension.
To the amount thus determined shall be added a fixed sum. This is given in Annex B for a pension calculated on the basis of the applicable maximum period specified in Article II 2.02. In the event of a shorter period of membership, this sum shall be reduced proportionately and, where applicable, reduced in accordance with Article II 1.13.

Article II 5.06 Maximum Amount

Notwithstanding the provisions of Articles II 5.04 and II 5.05, the total amount of the pension for surviving spouse shall not exceed:

a) the final basic salary of the deceased member;

b) the total monthly benefits paid by the Fund to the deceased beneficiary;

c) the maintenance payment due, pursuant to the support agreement in force, from the deceased to the divorced spouse on the date of death or, if lower, the amount of maintenance actually being paid.

Article II 5.07 Reduction of Pension for Surviving Spouse

Where at the date of death the difference between the ages of the deceased and of the beneficiary of the pension exceeds the duration of the marriage by more than ten years, and where the deceased was the elder spouse, the pension shall be reduced, for each complete year of such excess, by:

a) 1% for the years from 11 to 19 inclusive;

b) 2% for the years from 20 to 24 inclusive;

c) 3% for the years from 25 to 29 inclusive;

d) 4% for the years from 30 to 34 inclusive;

e) 5% for the years from 35 upwards.

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.