Surviving spouse’s pension

The surviving spouse’s pension can be paid to deceased’s widow(er) or the surviving party of a registered partnership. A cohabiting partner is paid the surviving spouse’s pension upon application if he or she has been living in circumstances resembling marriage in the same household with the deceased and has or had a child with the deceased or has a notarised agreement with the deceased on joint maintenance. 

If the marriage or cohabitation only began after the occupational accident occurred or the occupational disease manifested, the widow(er) or cohabiting partner is entitled to claim the surviving spouse’s pension only if he or she has a child with the deceased or the marriage or cohabitation has continued for three years.  

The amount of the surviving spouse’s pension depends on the number of children claiming the pension: 

  • If the widow(er) is the only person claiming the surviving spouse’s pension, the amount of pension received by the widow(er) accounts for 40 per cent of the injured person’s annual earnings. 
  • If the surviving spouse’s pension is claimed by the widow(er) and one child, the amount of pension received by the widow(er) accounts for 35 per cent of the injured person’s annual earnings. 
  • If the surviving spouse’s pension is claimed by the widow(er) and two children, the amount of pension received by the widow(er) accounts for 30 per cent of the injured person’s annual earnings. 
  • If the surviving spouse’s pension is claimed by the widow(er) and three children, the amount of pension received by the widow(er) accounts for 20 per cent of the injured person’s annual earnings. 
  • If the surviving spouse’s pension is claimed by the widow(er) and four or more children, the amount of pension received by the widow(er) accounts for 15 per cent of the injured person’s annual earnings. 

The surviving spouse’s pension is paid in full for the first full calendar month. After that, income adjustment is applied to the surviving spouse’s pension, reducing the amount of pension. If the surviving spouse continues to have dependants who are entitled to the child’s pension, the reduction will not be effected until the children no longer receive the pension. 

The surviving spouse’s income at the time of the injured person’s death will usually be calculated according to the same principles as the injured person’s annual earnings. The surviving spouse’s pension will be reduced if the surviving spouse’s income exceed the income adjustment threshold. The threshold is 2.15 times the minimum annual earnings at the time of the injured person’s death. The surviving spouse’s pension is reduced by the amount equivalent to 30 per cent of the earnings exceeding this threshold Read more on annual earnings

As a rule, the surviving spouse will receive the pension for the rest of his or her life, unless the claim event occurred during work performed by the injured person during retirement and the surviving spouse has not entered into a new matrimony or a cohabitation as defined in the Workers’ Compensation Act.  

A surviving spouse who enters into matrimony or cohabitation as defined in the Workers’ Compensation Act will lose his or her entitlement to the surviving spouse’s pension. In this case, however, the surviving spouse will be paid a one-time compensation equivalent to three years’ pension.

Modified 04.08.2016