Understand
Survivor's pension
On the death of an insured person or a pensioner, the surviving spouse or partner and the orphans may receive a survivor's pension.
The spouse or partner (art. 217 CSS)
The survivor receives 100 % of the flat-rate increments and 75 % of the proportional increments of the deceased's pension. Conditions (duration of the marriage or partnership) may apply.
The orphans (art. 218 CSS)
Each orphan receives one third of the flat-rate increments and one quarter of the proportional ones; an orphan who has lost both parents receives the double.
Good to know
A survivor's minimum and floors/ceilings specific to the survivor may apply; in the event of death before retirement, special increments are added. The estimator models the case of a deceased person who was already retired.
The divorced spouse or former partner (art. 197 CSS)
A divorced spouse — or a former partner whose partnership was dissolved other than by death — may receive a survivor's pension on the death of their former spouse, provided they did not remarry or enter a new partnership before that death (a condition assessed as at the date of death). The amount starts from the surviving spouse's survivor's pension (art. 217) and is then reduced pro rata: the insurance periods completed by the deceased during the marriage relative to the total duration of their insurance periods — a ratio of insurance periods, not of calendar years. Where there is also a surviving spouse or several former spouses, the survivor's pension is apportioned according to the duration of the various unions, with no former spouse receiving more than their pro-rata share.
Legal basis: art. 217 (surviving spouse/partner), 218 (orphans), 197 (divorced spouse / former partner), 195-196 (eligibility conditions) CSS. Sources: secu.lu, cnap.public.lu.