Family pension
Family members of a deceased beneficiary of an old-age or disability pension, that is, a deceased insured person who has met the conditions for a pension or completed at least five years of insurance, have the right to a family pension.
WHO IS CONSIDERED A MEMBER OF THE DEAD INSURED’S FAMILY?
Family members of the deceased insured are considered to be the spouse and common-law partner in accordance with the regulations governing family relations, children (born in marriage or out of wedlock or adopted, stepchildren), parents (father and mother, stepfather and stepmother and adoptive parents).
When we talk about the spouse and common-law partner as beneficiaries of this right, the law prescribes conditions that must be met.
It is necessary that the marriage or cohabitation lasted for at least three years, or that the spouse or common-law partner has a child or children with the deceased insured, or beneficiary of rights.
Determining the existence of an extramarital union is done through a non-litigation procedure.
Also, if the marriage or common-law union has ended, the spouse or common-law partner has the right to a family pension, if the right to support has been determined by a court ruling.
WIDOW AS HEIR TO FAMILY PENSION
- If the widow is the heir to the family pension, the condition is that she has reached the age of 53 by the time of her spouse’s death.
- If she became unable to work one year after the death of her spouse.
- Or if he performs guardianship duties for one or more children he has with his deceased partner.
However, if the widow is 45 years old at the time of the death of her spouse or common-law partner, she can inherit the family pension when she reaches 53 years of age.
WIDOWER AS HEIR OF FAMILY PENSION
The same provisions that apply to limbs apply to widowers.
Bearing in mind that the age limit for inheriting a family pension is 58 years of age.
A widow or widower does not lose the right to a survivor’s pension if they marry or cohabit with a new spouse.
CHILDREN AS HEIRS OF THE FAMILY PENSION
Biological or adopted children, stepchildren, brothers and sisters without parental care or children with parents unable to work, who were supported by the pension beneficiary, are also entitled to inherit the family pension.
Children can inherit the family pension up to the age of 15, regardless of whether they are in school, up to the age of 20 if they go to secondary school, up to the age of 26 if they attend basic academic studies.
Children who are in school must bring their schooling certificate once a year, otherwise they lose their right to a family pension.
Or while the incapacity for independent living and work lasts, which occurred after the age of 15 and before the death of the insured, i.e. the beneficiary of the rights, provided that the insured supported him until his death.
PARENTS AS HEIRS OF THE FAMILY PENSION
Parents, mother or father, stepmother or stepfather, adoptive parents, whom the pension beneficiary may have supported.
PENSION INHERITANCE IF THE DECEASED INSURED WORKED ABROAD
In the event that the deceased insured person, that is, the beneficiary of the right, also worked abroad, including in the former Yugoslav republics, the right to a family pension based on foreign service is decided according to the regulations of that country.
The author of the text is Dejana Čolović, intern lawyer