My wife passed away 2 years ago and has not reached retirement age. Am I en titled to a survivor's pension?
The right to a survivor's pension is granted to an eligible family member of a person who at the time of death had a proven contributory and non-contributory period of at least 20 years for a woman and was completely incapable of work (Art. 57 (2) in conjunction with Art. 65 (2) of the Act on old-age and disability pensions from the Social Insurance Fund), without the need to show as provided for in Art. 58 sec. 2 of this Act, the five-year contributory and non-contributory period, falling during the last decade before the death of that person. When assessing the en titlement to a disability pension, it is assumed that the deceased person was completely incapable of work. A survivor's pension is also available to eligible family members of a person who, at the time of death, was receiving pre-retirement allowance, pre-retirement benefit or teachers' compensation benefit. In such a case, it is assumed that the deceased person met the conditions for receiving a disability pension. The following family members are en titled to the survivors' pension: 1) own children, children of the other spouse and adopted children 2) grandchildren, siblings and other children accepted for upbringing and maintenance before the age of majority, excluding children accepted for upbringing and maintenance within a foster family or family an orphanage 3) a spouse (widow and widower) 4) parents (the stepfather and stepmother and adoptive parents are also considered parents within the meaning of the Act). Own children, children of the other spouse and adopted children are en titled to a survivor's pension: 1) up to the age of 16; 2) to complete school education, if they are over 16, but not longer than until they reach 25, or 3) regardless of age, if they become completely incapable of work and independent existence or completely incapable of work Legal basis : Act on pensions from the Social Insurance Fund (Journal of Laws of 2009, No. 153, item 1227, as amended)
Remember that our expert's answer is informative and will not replace a visit to the doctor.
Przemysław GogojewiczIndependent legal expert specializing in medical matters.
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