A Survivor's Pension for Orphans

The survivor’s pension, traditionally granted to individuals aged 55 and older, may also be awarded to orphans.

The survivor’s pension represents a portion of the retirement benefits that the deceased spouse would have received during their lifetime. Historically, only surviving spouses and orphans of public-sector employees (and, in certain situations, private-sector employees) were eligible for this benefit. However, a new development is on the horizon. The Amended Social Security Financing Act for 2023, enacted on April 14, introduces the concept of an “orphan’s pension,” intended specifically for the children of deceased employees affiliated with the general pension system.
 

What are the provisions of the new law?
 

The practical details of this change remain unclear in the absence of implementing decrees, which are expected to be published by the end of the summer. However, the law stipulates that the amount of this pension “will be equivalent to a percentage of the primary pension, as established by decree.” In cases where there are multiple beneficiaries, such as siblings, the amount will be divided equally among the orphaned claimants. A specific decree will specify the maximum age at which this pension may be received, except for orphans with disabilities, for whom no age limit will apply. The first applications for this new benefit may potentially be submitted online as early as September 1. According to the government’s timeline, the first survivor’s pensions for orphans are expected to be paid out during the first quarter of 2024.
 

Special Circumstances
 

Until now, only certain pension plans provided for automatic benefits to be paid to the children of a deceased employee. For example, orphans of a public-sector employee are eligible to receive 10% of the deceased parent’s pension until they turn 21 (with no age limit for orphans with disabilities). Ircantec, the supplemental pension plan, also offers a specific provision for children employed under public law. For private-sector employees, Agirc-Arrco grants 50% of the pension points accrued by the deceased employee(s) to their children. This provision applies to orphans aged 21 or younger, or under 25 if they are students, apprentices, or unemployed and do not receive any other benefits. As in other pension plans, orphans with disabilities are eligible for the survivor’s pension without any age restrictions.