A multitude of different diets. The payment of the survivor’s pension, part of the deceased spouse’s pension paid to the widow or widower, does not meet the same rules depending on the plan to which the deceased was attached. If for all diets, being married is obligatory for the surviving spouse to be able to claim the survivor’s pension, in certain situations, there are duration conditions. This is not the case for the basic regime of employees and the self-employed, but it concerns civil servants.
If the deceased was a civil servant, to receive the survivor’s pension, you must have been married for at least two years before the deceased retired, or four years in total. Please note that for same-sex couples married on or before December 31, 2014, the duration of the PACS is counted in the required four years. This duration is not required if you have had at least one child together. For Ircantec, a supplementary pension for civil service contract workers, the duration of marriage is a minimum of four years. It is reduced to two years if the marriage took place before the deceased spouse turned 55. No conditions are set if a child is born from the union or if, after the marriage, the deceased spouse became the recipient of a disability pension.
>> Our service – A question about your future retirement? Our expert partners respond to you with a personalized solution
Minimum durations that vary
A minimum marriage duration also exists for the liberal supplementary pension. The rule is the same as for civil servants. For the retirement of lawyers and the supplementary retirement of notaries, the marriage deadline is longer. He must be at least five years. This condition is waived if there is, at the time of death, a child under the age of 21 from the marriage. Under the supplementary MSA scheme for non-agricultural employees, the duration of the marriage must be at least two years. There is no duration condition if children are born from this union.
If there are differences for the durations of marriage, this is also the case during divorce and remarriage. Thus, if the deceased was a civil servant and the widower or widower returns to a relationship (marriage, civil partnership or cohabitation), they lose the benefit of the survivor’s pension. If this new union ends, it is again possible to ask to receive it. For the supplementary scheme for private sector employees (Agirc-Arrco), only remarriage ends the payment of the survivor’s pension. Same thing for the MSA supplementary pension.
For supplementary retirement for liberal professions, remarriage puts an end to reversion. If the deceased has been married several times, the amount of the reversion will be shared between the ex-spouses (provided they are not remarried) depending on the duration of the marriage.
>> Our service – A question about your future retirement? Our expert partners respond to you with a personalized solution
Receive our latest news
Every week, articles to read to better anticipate your retirement.
