SURVIVOR’S PENSION
Eligibility conditions
The right to survivor’s pension can be performed by the family members:
1) of a deceased insured person who has completed at least 5 years of insurance coverage or having met the eligibility conditions for old-age pension, early old-age pension or disability pension, and
2) of a deceased beneficiary of old-age, early old-age or disability pension.
If the cause of death is an injury at work or an occupational disease, family members acquire the right to a pension regardless of the length of insurance of the deceased.
The family members of the deceased insured, i.e. the beneficiary of the right are considered to be: spouse and extramarital partner, children and parents
A widow is eligible for survivor’s pension
if:
− having turned 53 years of age until her spouse’s death,
or
− having become fully disabled for work until her spouse’s death or within one year of her spouse’s death, or
− one or more children are left after her spouse’s death and are entitled to survivor’s pension, and the widow performs parental duties towards the child/children. The widow, who within the duration of the right stemming from having one or more children entitled to survivor’s pension becomes fully disabled for work, maintains the right to survivor’s pension during the period of being fully disabled for work.
A widow not having turned 53 years of age until her spouse’s death, but having turned 45, becomes eligible for survivor’s pension upon turning 53 years of age.
A widower is eligible for the survivor’s
pension if:
− having turned 58 years of age until his spouse’s death,
or
− having become fully disabled for work until his spouse’s death or within one year of his spouse’s death, or
− one or more children are left after his spouse’s death and are entitled to survivor’s pension, and the widower performs parental duties towards the child/children. The widower, who within the duration of the right stemming from having one or more children entitled to survivor’s pension becomes fully disabled for work, maintains the right to survivor’s pension during the period of being fully disabled for work.
A widower who reaches the age of 58 during the period of the right to a survivor's pension permanently retains that right.
The right to a survivor's pension can be exercised by the spouse and the extramarital partner if the marriage, i.e. extramarital union of life lasted at least three years, or if he has a joint child with the deceased insured person, i.e. the beneficiary of the right.
The right to a survivor's pension, under the same conditions, can be exercised by both the spouse from the divorced marriage and the extramarital partner after the termination of the cohabitation of the extramarital partners, if their right to maintenance has been determined by a court judgment.
According to the regulations on the Serbian Army who died during the actions, the spouse, i.e. the extramarital partner of a professional military person, acquires the right to a family pension regardless of the prescribed age, provided that he has not remarried.
A spouse may qualify for a family pension if they have a child together or have been married for at least two years.
A child becomes eligible for survivor’s
pension and is entitled to it until turning 15 yeras of
age.
After turning 15 years of age, the child becomes eligible for survivor’s pension and is entitled to it throughout the duration of his education, but not later than turning:
− 20, if attending a secondary school and
− 26 if attending post-secondary education.
A child incapable of self-sustainable living and unable to work becomes eligible for the survivor’s pension and is entitled to it throughout the duration of incapability, if it develops until the age until which children are eligible for survivor’s pension.
A child incapable of self-sustainable living and unable to work becomes eligible for the survivor’s pension and is entitled to it throughout the duration of incapability, if it appears after the age until which children are eligible for survivor’s pension, but before the death of the insured person, that is, the beneficiary of the right, under the condition that the insured person, that is, the beneficiary of the right supported the child until his/her own death.
A child whose education has been interrupted due to an illness is eligible for the survivor’s pension throughout the duration of the illness until the prescribed years of age, as well as above that age, but not longer than the period of time lost in education due to the illness.
A child whose education has been interrupted due to compulsory military service is eligible for survivor’s pension during serving the service, but not later than upon turning 27 years of age.
A child with disability, in accordance with the regulations on classification of handicapped children, and a child incapable of self-sustainable living and unable to work, acquires the right to survivor’s pension after the cessation of employment or self-employment if the incapability occurred after the age until which a child is considered eligible for survivor’s pension, but before the death of the insured person or the beneficiary of the right, provided that the insured person or the beneficiary of the right maintained the child until his death.
A parents of insured person, that is, a parents of the beneficiary of the right (father and mother, step father and step mother and adoptive parent), supported by the insured person/beneficiary until his/her own death, becomes eligible for the survivor’s pension if:
− having turned 65 (man) or 60 (woman) years of age, or
− having become fully disabled to work, before the insured person’s/beneficiary’s death.
You can see the complete provisions regulating the right to a survivor's pension in the Law on Pension and Disability Insurance, at the following link:
www.paragraf.rs/propisi/zakon_o_penzijskom_i_invalidskom_osiguranju.html
The family pension is determined from the old-age, early old-age pension or disability pension that would belong to the insured at the time of death, or from the pension that belonged to the beneficiary at the time of death, in a percentage determined by the number of family members - 70% for one member; for two members 80%; for three members 90%; for four or more members 100%. www.pio.rs/sr/porodichna-penzija
EXERCISING THE RIGHT
The right to a survivor’s pension is realized by filing a claim with the Republic Fund for Retirement and Disability Insurance.
Requests, or forms regarding the exercise of the right to a survivor’s pension, as well as information on the documentation that should be attached to the request, can be found at the following link: www.pio.rs/sr/node/2572
PAYMENTS OF BENEFITS
Survivor’s pension is to be paid as of the day of meeting eligibility conditions if the application is submitted within the period of six months from the day following the death of the insured person, that is, beneficiary, and if the application is submitted following the expiration of the prescribed period, the payment is to be made as of the day of submitting the application and for the period of six months prior to submitting the application, under the condition that the person submitting the application was not insured in that period.
Survivor’s pension is to be stopped if the beneficiary of survivor’s pension acquires the capacity of an insured person. The law provides an exception to this principle. The payment of survivor’s pension is not to be stopped in the case when the beneficiary of the pension receives at the monthly level the contracted payment lower than 50% of the lowest basis for contributions in the insurance of employed persons, valid at the moment of paying in the contributions.
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