DEATH - Objective, protection, conditions to grant benefits and rightholders

DEATH
Objective, protection, conditions to grant benefits and rightholders

» Objective and death protection

Protection in death eventuality grants benefits in favour of the household, for death of one of its members and is materialized through the grant of two benefits: the death allowance and the survivor’s pension


Death allowance

Survivor’s pension

Consists of

Lump sum benefit

Lump sum benefit

Objective

It aims to compensate the increase of charges resulting from the death, with a view to facilitate immediately the family life reorganization

It aims to compensate, for the future, the members of the family for the work income loss or the retirement pension substitutive of that one, received by the deceased


» Conditions to grant the benefits

Death allowance

Minimum period of contributions paid shall not be requested

» Death proof

» Other specific conditions for the different holders

If there are not family members rightholders to the allowance, who meet the legally required conditions, the expenses incurred with the funeral may be reimbursed to the person who proves to have incurred them, until the limit of the death allowance amount not granted (after the funeral allowance amount) or six times the social support indexation value, if lower

» Conditions to grant the benefits

Survivor’s pension

» Affiliation to the Public Employee General Pension Scheme - Caixa Geral de Aposentações (CGA)

» Payment of contributions or equivalent situation to the entry of contributions

» Compliance with the minimum period of contributions paid:

5 years until 31.12.2005

3 years after 1.1.2006

» Death proof

» Other specific conditions for the different rightholders

Time calculation

Retirement Statute Rule - 1 year corresponding to 12 months of fulfilment of functions (payment of contributions) or equivalent situation

The minimum period of contributions paid may be met by recourse to the total contribution periods for social security institutions, provided that they are not overlapped

» Rightholders

Death allowance

The following family members are rightholders who lived in the same household with the deceased, on the death’s date:

1st - spouse not legally separated or living together on a non-marital partnership basis

2nd – descendants or equivalent with age < 21 years or without age limit, if holder of a disability

3rd – ascendants

4th - descendants or equivalent with age > 21 years and other relatives with incomes < index 100 of the salary scale of the civil service general scheme

The family members of the 1st and 2nd groups , who meet the legal requirments prevail over the others

The condition of sharing the same household may be dispensed within determined situations

Survivor’s pension

» The following family members are rightholders, for subscriber’s or retiree’s death if the deceased were retired based on the retirement scheme in force until 31.12.2005:

1st - spouse, former spouse divorced or legally separated entitled to a maintenance allowance

2nd – person living together sharing the same household on a non-marital partnership basis on the death’s date

3rd - Unmarried children with age < 18 years, < 21 years if they attended the upper-secondary education, < 24 years if they attended the higher education; without age limit, if they are holders of disability that make them unfit for work

4th- grandchildren and orphans of father and mother or without a sustenance basis

5th - ascendants, who are dependent on the deceased on the death’s date

The family members who integrate the 1st, 2nd, 3rd and 4th groups, who meet the legal conditions requested, prevail over the last ones and the children prevail over the granschildren of which they are progenitors

» The following family members are rightholders, by death occurred after 1.1.2006 of the subscriber or retiree as from 1.1.2006, based on the calculation formula formed by two parts (P1 e P2), and also of the subscriber affiliated to the Public Employee General Pension Scheme after 1.9.1993:

1st - spouse, former spouse divorced and spouse legally separated entitled to a maintenance allowance

2nd – person living on a non-marital partnership basis on the death’s date

3rd – descendants with age < 18 years; < 25 years if they attended the secondary, complementary, middle or higher education and do not work; < 27 years if they attended the master’s degree or post-graduation, do graduate or doctorate thesis or attended course final internship and not work; without age limit, if they are holders of disability that make them unfit for work

4.º - ascendants dependent on the deceased on the death’s date,

the family members who integrate the 1st, 2nd 3rd groups, who meet the legal requirements prevail over the ascendants