What are the conditions for retirement due to death?
A) Pension due to death of a pensioner or insured person (who has completed the insurance period required for retirement of the same entitlement or incapacity) is now paid to these eligible surviving spouses/other parties to the cohabitation agreement and divorced regardless of their age . This provision now determines the three (3) years of minimum duration of marriage/cohabitation agreement from their conclusion until the date of death, as a condition for the recognition of the right to retirement in a surviving spouse or in the other part of the cohabitation agreement.
This condition is still not checked in the following cases (see appro. 6/2018, p. 6):
i. The death is due to an accident that occurred obviously and unquestionably due to the service (according to the provisions that apply to the insured in the former social security institutions that joined the EFKA, these are the cases of accident that is characterized as work) or in homicide.
ii. During the marriage a child was born or legalized, recognized or adopted. In accordance with the whole spirit of the provisions of article 1463 of the Civil Code. et seq., complete assimilation of the child born out of wedlock with a child born in wedlock is achieved when, in parallel with the recognition (voluntary or judicial) a marriage of the parents is concluded.
iii. The widow at the time of death was in a state of pregnancy, which was not interrupted and a live child was born.
iv. The case of reconstitution of a pre-existing marriage occurs. The original and reconstituted marriage, during which the spouse died, must have lasted a total of at least five years, and the reconstituted marriage must have lasted at least six months. It goes without saying that, in this case too, the total duration of the original and reconstituted marriage should be three years.
B) The death pension is granted to children of a deceased insured person (who has completed the insurance period required for the retirement of the same right or incapacity) or a pensioner (legally, the legalized, recognized, adopted and assimilated) the conditions to be unmarried and not to have completed the 24th year of their age.