On the death of a spouse, part of the pension that he or she received, or that he or she could have received, can continue to be paid to the surviving spouse: this is what is called the survivor’s pension. This system aims to compensate part of the loss of income linked to death. But it does not concern all couples. In most compulsory regimes, it is necessary to have been married with the deceased person to benefit from it. PACS and cohabitation do not give rise to the right to survivor’s pension in the general system, Agirc-Arrco or even the civil service. However, certain more specific professional regimes may provide for different rules. Finally, this pension is never paid automatically : a request must be made to the pension funds.
Another particularity: there is not one, but several survivor’s pensions. The rules differ depending on the schemes to which the deceased was affiliated. It is this diversity which explains why the amount can change over time. “The different pension schemes do not award and do not maintain the survivor’s pension according to the same criteria”explains to Capital.fr Frédéric Birrittieri, national director of retirement at Cnav. Thus, for an employee who has spent his entire career in the private sector, “the survivor’s pension will be subject to means conditions for basic pension (…) without means conditions for the additional part »he specifies. Thus, the same person can receive several survivor’s pensions which do not obey the same rules.
In what cases can the amount of a survivor’s pension change?
The amount of a survivor’s pension does not change randomly. In the general system, the main reason is the evolution of the beneficiary’s resources, since this benefit is subject to an income ceiling set by Articles L.353-1 et seq. of the Social Security Code. But other events can also modify the amount received, in particular the retirement of the surviving spouse, a remarriage in certain regimes or the existence of another beneficiary.
1. When the beneficiary’s resources change
This is the most common case in the general regime. The Cnav survivor’s pension being awarded subject to means testing, an increase or decrease in the surviving spouse’s income may lead to a new calculation. “The main reason will be the variation in the amount of resources which is fixed within the framework of the law”explains Frédéric Birrittieri. The resources taken into account include earned income, certain retirement pensions, property income or even part of property income.
2. When the beneficiary begins to receive all his pensions
The retirement of the surviving spouse is an important step. When he begins to receive all of his personal pensions (basic pension and supplementary pensions), its resources evolve. The Cnav can then review the amount of the survivor’s pension. “A survivor’s pension is awarded on the basis of resources known to date. Then, we may have to revise this amount because all the other pension plans will allocate their benefits, which modifies the resources of the insured person.explains Frédéric Birrittieri. In practice, an initial amount can therefore be paid, then adjusted once all the beneficiary’s pensions are known.
3. Three months after retirement, the pension becomes definitive
This is probably the least known rule. The article R.353-1-1 of the Social Security Code provides that the survivor’s pension from the general system can no longer be revised three months after the beneficiary began to receive all of his personal pensionsbasic and complementary. The crates speak of “crystallization”. “The last review date cannot be later than three months after the date on which the surviving spouse began enjoying all the basic and supplementary personal retirement benefits”specifies Frédéric Birrittieri. Thus, once this stage has passed, an increase in income will no longer reduce the pension. Conversely, a drop in resources will no longer make it possible to request an increase.
4. In the event of remarriage… but only in certain regimes
Remarriage does not have the same consequences depending on the regime. In the general system, it does not automatically end the payment of the survivor’s pension. On the other hand, for the Agirc-Arrco supplementary pension, remarriage results in loss of rights. “Remarrying in the supplementary scheme means losing the benefit of the survivor’s pension. Not in the basic diet »recalls Frédéric Birrittieri. A remarried person can therefore continue to receive the Cnav survivor’s pension while losing that paid by Agirc-Arrco.
5. When another ex-spouse asserts his rights
The amount actually received may also change when the deceased has been married several times. In this situation, the survivor’s pension is shared between the surviving spouse and the ex-spouses, in proportion to the duration of each marriage. It happens that a former spouse asserts their rights several months or even several years after the death. “We can have wives who come forward after the award of a first survivor’s pension (…). A split in the survivor’s pension may result in a different amount received between the spouses”explains Frédéric Birrittieri.
6. Each year, the pension is revalued
Not to be confused with a review. Like retirement pensions, survivor’s pensions are subject to an annual increase. “The annual increase follows approximately the same schedule as traditional pensions. We do not consider that this is a revision of the amount, but a revaluation of the advantage”underlines Frédéric Birrittieri. This increase is automatic and results from the rules for revaluing pensions. It does not depend on the personal situation of the beneficiary.
Survivor’s pension: beware of these frequent errors
The first is to believe that all survivor’s pensions work in the same way. “Insured people often have tendency to align with the most favorable regime »observes Frédéric Birrittieri. Another common mistake: thinking that the survivor’s pension is automatically paid after the death of the spouse. “The survivor’s pension is not automatic. It must be requested, like all retirement rights”he recalls. Finally, many are unaware that today it remains largely linked to marriage. “It is one of the last rights which is fundamentally hooked on the notion of marriage »underlines Frédéric Birrittieri.
