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A widow is en titled to a deceased spouse's pension if he or she received a significantly higher pension - however, in order to receive this benefit, certain conditions must be met. Who is en titled to a husband's pension, how to get it and what conditions must be met for ZUS to pay the money?

The husband's pension is part of the survivor's pension and is only due to the widow - or widower, as these rules apply not only to women but also to men.

The essential condition for applying for a married person's pension is whether at the time of his death he had an established en titlement to an old-age or disability pension, or whether he met the conditions for being eligible for any of these benefits. It is worth knowing that you can also apply for a pension from a husband if your husband was receiving pre-retirement allowance, pre-retirement benefit or teacher's compensation benefit at the time of death.

Contents :

  1. Marital pension: who is en titled to?
  2. Marital pension: how to apply?
  3. Marital pension: what about your own pension?
  4. Married pension: amount of benefit
  5. Marital pension: payment methods

Marital pension: who is en titled to?

The law makes it quite clear who can apply for a husband's pension. According to them, the following persons are en titled to such a benefit:

  • A spouse - a widow or widower- who remained in the marriage community until his death, if: he or she was 50 at that time, or was unable to work, or was bringing up at least one of children, grandchildren or siblings who are en titled to a survivor's pension after their deceased husband and are under 16 (18 if they are studying) - then they do not have to meet the conditions regarding age or incapacity for work. A pension may also be obtained by a spouse who takes care of a child who is completely incapable of independent existence and work, or who is completely incapable of work and is en titled to a survivor's pension, as well as one who becomes incapable of work after the spouse's death, but not later than within 5 years since his death or since he stopped raising children.
  • Former spouse or spousewho meets the above conditions and at the time of the death were en titled to maintenance based on a court order.
  • A separated or divorced spouseif she proves that she received maintenance from her husband under an agreement. This recipe is for women only.

A widower or widow who does not meet these conditions, but has no other sources of income, may receive a survivor's pension for one year from the death of his spouse or during the training period before starting gainful employment, but no longer than within two years from death husband or wife.

Marital pension: how to apply?

The application for benefits from the deceased spouse should be submitted in person at the nearest Social Insurance Institution (ZUS) facility or sent electronically via the ZUS Electronic Services Platform (you only need to have an e-signature or a trusted ePUAP profile).

Depending on whether you are applying for the benefit only your spouse or other adult family members, you should choose a specific print. In the case of a benefit applied for only by the other spouse, it is the form ZUS Rp-2.

The application must contain the following information:

  • name and surname of the deceased,
  • own names and surname - in the case of women also at birth,
  • relationship to the deceased person,
  • date and place of birth, parents' names,
  • PESEL number or series and number of ID card,
  • address and correspondence address.

The application must also be accompanied by documents proving the applicant's date of birth, an abridged copy of the marriage certificate and the spouse's death certificate.

Incapacity for work must be certified by a ZUS certified doctor or a medical commission of this institution.

If the spouses were living in the marriage community at the time of death, this should be confirmed with a declaration in the ZUS Rp-2 form, and if not - the right to maintenance should be presented as determined by a court decision or court settlement.

If the deceased person had an established pension en titlement, it is sufficient to provide the benefit number. If you have not yet granted such a right, you will also need to attach some other documents to your husband's pension claim:

  • questionnaire on contributory and non-contributory periods on the ZUS Rp-6 form,
  • information on employment and the amount of remuneration (on the ZUS Rp-7 form),
  • as well as originals of work certificates and graduation diplomas - ZUS must examine whether the deceased was en titled to any of these benefits and establish the basis for its assessment.

ZUS decides whether the disability pension will be granted - 30 days from the date of submitting the application to issue the decision andfull documentation.

Marital pension: what about your own pension?

A widow with her own pension cannot draw two benefits - she has to choose one. If it does not make a decision within the specified time limit, ZUS will do it for it. The amount of benefit will be taken into account here: according to the regulations, priority will be given to the higher of them.

Married pension: amount of benefit

The amount of the husband's pension strictly depends on the amount of the benefit and whether it is only paid by the widow or widower, or whether other persons are en titled to it as well.

According to the regulations, if only the spouse receives it, then it amounts to 85 percent. the benefits the deceased received. If two people get it, then ZUS pays them equally, a total of 90 percent. benefits, and if three - 95 percent. shared equally between them.

Marital pension: payment methods

Marital pensions, like other survivors' pensions, are paid on an offset basis. If you submit the application in the month in which your spouse died, the pension after him will be calculated from the date of his / her death - you will receive it if you have already met or met the conditions for granting it.

The pension can be paid either by post, in the form of a cash transfer to the home address or to a bank account.

In the case of people who permanently live abroad, the husband's pension - at their request - may be transferred either to an account maintained in Poland, or it may be paid to a person who lives in Poland and who will be en titled to it receiving.

Worth knowing

Like all other pensions, your husband's pension may be suspended or reduced if you earn monthly income from employment or self-employment.

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Category:

Geriatrics