Survivor's pension - Orphans
Orphans can be both legitimate and adopted children. They can be entitled to a survivor's pension in the civil service scheme. The deceased parent, therefore, needs to have worked as a civil servant. This survivor's pension does not exist in the employee scheme.
Who is entitled?
The orphan is entitled to a survivor's pension if:
- both parents have passed away and at least one of them had worked as a civil servant;
or - the surviving parent is not entitled to a survivor's pension;
or - the surviving parent or ex-spouse cannot possibly exercise the parental authority over the children from the marriage with the deceased civil servant. These children are equated with orphans.
A civil servant's orphans are entitled to a survivor's pension until the age of:
- 18 years;
- and older, for as long as they are entitled to child benefits.
The orphan is not entitled to a survivor's pension if he or she was convicted because he or she killed or attempted to kill the deceased parent (civil servant).
How is it calculated?
The amount of the survivor's pension for orphans is derived from the survivor's pension. If there are entitled parties from another marriage (surviving or ex-spouse) who can lay claim to the survivor's pension, the survivor's pension is divided between the entitled parties.
If there are no other entitled parties, the amount of the survivor's pension for orphans depends on the number of orphans:
- 1 orphan receives 6/10 of the survivor's pension;
- 2 orphans together receive 8/10 of the survivor's pension;
- 3 orphans or more together receive the full survivor's pension.
Orphans are not entitled to the guaranteed minimum pension amount. They therefore receive the amount of the survivor's pension without any type of bonus.
Examples
- Stijn is a civil servant and passes away on 01/03/2019 at the age of 35. He was married with three children. The surviving spouse is entitled to a survivor's pension, which means that the orphans are not entitled to a survivor's pension for orphans.
- Hilde is a civil servant and passes away on 01/03/2019 at the age of 42. She was legally cohabiting and had two children. Her partner is not entitled to a survivor's pension. The orphans, however, are together entitled to 8/10 of the survivor's pension.
How do I apply?
The Pensions Service automatically opens a file for a survivor's pension for orphans if:
- the deceased received a retirement pension for civil servants or a survivor's pension for civil servants that was managed by the Pensions Service;
and - one or more orphans under the age of 18 are the only entitled parties.
A pension application should be filed if:
- the deceased civil servant was not receiving a civil service pension yet;
or - the orphans are 18 years or over (and are still receiving child benefits);
or - there are other entitled parties (surviving or ex-spouse).
When does the survivor's pension start?
- If the application is filed within 12 months after the decease, the survivor's pension starts on the first day of the month following the decease.
- If the application is filed more than 12 months after the decease, the survivor's pension starts on the first day of the month following the application.
Payment
The payment of the survivor's pension for orphans starts:
- on the 1st day of the month following the decease or with retroactive effect from the 1st day of the month following the decease if the application was filed within 12 months;
- on the 1st day of the month following the application if the application was filed more than 12 months after the decease.
Orphan of a retired civil servant?
If the father or mother has already passed away before the payment of the pension and there is no surviving spouse, the orphans can claim the pension.
If the deceased civil servant was entitled to arrears and there is no surviving spouse, the orphans can claim these arrears.