In case of death of an old-age or disability pension user and/or insurant who has at least five years of pensionable service or has met disability pension conditions, his/her family members are entitled to survivor pension. If the cause of death is injury at work or professional disease, family members are entitled to pension benefits regardless of the person’s length of pensionable service.
Right to survivor pension can entitle:
1. Spouse and extramarital partner if the marriage, or extramarital union life lasted at least tree years, or if they have child with deceased insured and/or user rights and that only if meets the following conditions:
Widow:
- if she at the time of spouse’s and/or extramarital partner’s death turned 53 years of age;
- if she at the time of spouse’s and/or extramarital partner’s death, became completely working disabled within one year from spouse’s/partner’s death;
- if one or more children remain who are entitled to a survivor's pension from that spouse, and/or extramarital partner, and if she is the child’s caregiver. Widow which during the term of the right on that basis becomes completely working disabled, keeps the rights to survivor pension while there is that disability.
Widower:
- if he was aged at least 58 at the time of spouse’s death;
Pursuant to Law on Pension and Disability Insurance, Amendment dated 1 January 2011, survivor pension limit for widow/widower shall be increased by six months every year until year 2017.
A spouse can use survivor pension with a child who is the survivor pension user if he/she is the child’s caregiver. Also, a spouse can use survivor pension in case of complete working disability within one year from spouse’s death.
A divorced spouse is entitled to survivor pension if he/she had been granted alimony by means of a court decision for the period of time specified by the court decision.
If the deceased insurant or old-age or disability pension user was 65 (men) or 60 (women) at the time of getting married, the spouse is entitled to survivor pension provided that they had a child together or the marriage lasted at least two years.
Children:
- up to 15 years of age, whether or not attending school;
- high-school students up to 20 years of age, and students up to 26 years of age.
The child’s survivor benefits period may be extended if he/she is incapable of independent living, temporarily or permanently, which must be confirmed by a competent body of expertise.
If more than one family member is entitled to pension benefits, the amount is calculated as a percentage of pension benefits that the deceased would have received at the time of death:
- 70% for 1 member
- 80% for 2 members
- 90% for 3 members
- 100% of the deceased’s pension benefits for 4 or more members
In addition to survivor pension from one parent, children without both parents are entitled to pension from the other parent, combined as a single pension benefit which cannot exceed the highest pension benefit specified by regulations.
Extended family members – parents, brothers, sisters and other children are entitled to survivor pension if the deceased had been their caregiver until time of death, provided there are pension funds available after the immediate family members have realized their rights.
If both spouse and divorced spouse are entitled to survivor pension from a deceased insurant or user of rights, one survivor pension benefit equaling one family member benefit is granted, divided into equal amounts.
Spouse of a professional army serviceman who got killed in action is entitled to survivor pension provided that he/she had not re-married. Such survivor pension benefit equals 100% of the benefit the insurant would have been entitled to.
Survivor pension benefits will not be suspended when the declared montly benefits are lower than the lowest base of employee insurance in effect at the time of contributions payment.
IMPORTANT NOTES
- Children above 15 years of age must submit a certificate of school attendance once a year.
- Widow/widower survivor pension benefits are not suspended in case of remarriage.
- You can receive pension to your bank account, to your home address (for home address payments, the amount will be reduced by the amount of postal expenses), at the delivery post office counter (without payment-related costs), to the account of the institution where the user resides, to a foreign currency account (for users whose place of residence is outside the territory of the Republic of Serbia) and through authorized persons (authorization is valid for one year and it is renewable).
- The retiree should report each address change or any other relevant change to the Fund.
- If the deceased worked abroad, including the former Yugoslav republics, the right to that part of pension will be determined in accordance with the respective country regulations.
- If he/she had confirmed pensionable service in former Yugoslav republics, a certificate or registered data listing should be filed.
- Survivor pension user may establish insurance based on service contract or author contract, provided that the declared monthly salary is lower than the lowest employee insurance base in effect at the time of contributions payment.