In the event of the death of an insured individual or pensioner registered with one of the INPS pension schemes, surviving family members, are entitled to the pension provided that certain conditions are met.
The first condition is met if the assignor held a direct pension, or was in the process of receiving a pension. In this instance, the survivors will be entitled to a reversible pension for surviving dependants.
The other condition is met when the deceased worker has accrued 15 years of insurance and contribution periods (or 780 weekly contributions), or five years of insurance and contribution periods (or 260 weekly contributions), of which at least three years (or 156 weekly contributions) occurred in the five years preceding the date of death. Survivors will then be entitled to an indirect pension.
The following surviving dependants are entitled to the pension:
- The spouse, even if legally separated;
- The divorced spouse provided that he or she receives regular alimony payments, has not remarried and that the date on which the insurance relationship of the deceased started is earlier than the date of the ruling pronouncing the dissolution or termination of the civil effects of the marriage;
- A spouse who remarries loses his/her right to the survivor's pension, but is entitled to a lump sum payment equal to two years (article 3, legislative decree n. 39 of 18th January 1945) of the pension amount payable, including the thirteenth monthly payment, for the amount due at the date of the new marriage. If the assignor remarried after the divorce, the amounts due to the surviving spouse and to the divorced spouse are determined by a Court ruling.
With the entry into force of law n. 76 of 20th May 2016, as of 5th June 2016 entitlement to a survivor's pension can also be granted to the surviving member of a civil partnership.
Furthermore, children and equivalents are also entitled provided that on the date of death of the pensioner or insured individual, they are under the age of 18 years or, regardless of their age, are recognised as being unable to work and dependent on the parent at the time of the latter's death. For children and equivalents who are studying, not in paid work and who are dependent on the deceased parent at the time of death, the limit of 18 years is raised to 21 years if they are studying at secondary school or vocational school. For degree courses, the allowance can be granted for its entire duration, but not after the age of 26 years.
Children and equivalent students who, at the date of the death of the assignor, carry out paid work resulting in an annual income lower than the minimum annual pension payment provided for by the Compulsory General Insurance (AGO) increased by 30% and readjusted to the period of employment.
The following are considered children and equivalents:
- adoptive and stepchildren of the deceased worker;
- recognised or legally declared children of the deceased;
- children who were not recognised by the deceased for whom the deceased was obliged to make maintenance or alimony payments by a Court ruling, in the cases provided for in article 279 of the Civil Code;
- children who were not recognised by the deceased and who, after the death of the parent, obtained recognition of the right to the life-time benefit, pursuant to articles 580 and 594 of the Civil Code;
- children born during the previous marriage of the deceased individual's spouse;
- children recognised, or legally declared, by the deceased individual's spouse;
- minors duly fostered by the competent institutes in accordance with the law;
- minor grandchildren, even without formal custody, who are proven to be dependent on the ascendants;
- posthumous children born within the 300th day of the date of death of the father (in this case, the start date of the joint entitlement is the first day of the month following the one in which the posthumous child was born).
In the absence of a spouse or children, or if existing but without the right to a survivor's pension, the right to a pension is granted to the parents of the pensioner or insured individual who, at the time of the death of the latter, are at least 65 years of age, not pension holders and are financially dependent on the deceased worker.
In the absence of a spouse, children or parent, or if they exist but are not entitled to a survivor's pension, the right to a pension shall be granted to the unmarried siblings of the insured person or pensioner who, at the time of death of the latter, are unable to work, are not in receipt of a pension, or are dependent on the deceased worker.
A survivor is considered to be dependent on the deceased if certain financial dependence or regular assistance conditions are met.
The cohabitation or otherwise of the survivor with the deceased is of particular importance in confirming the conditions of financial dependence and regular assistance.
WHAT AM I ENTITLED TO?
The survivor's pension begins on the first day of the month following the month in which the pensioner or insured individual died and is paid as a percentage of the pension already paid or that which would have been paid to the insured individual. The reversible survivor's pension is paid out in the following percentages:
- 60% for a spouse with no children;
- 80% for a spouse with one child;
- 100% for a spouse with two or more children.
If the children, parents or siblings, are entitled to the pension, the survivor's pension rates are as follows:
|Survivor's pension rates|
three or more children
The amounts of the survivor's pension can be combined with the income of the beneficiary (spouse, parents, siblings), within the limits set out in table F, law n. 335 of 8th August 1995.
The cumulative limits are not applicable if the beneficiary is part of a family unit including minor children, students or incapacity individuals, identified in compliance with the regulations of the Compulsory General Insurance.
HOW can I claim?
The claim to the INPS must be submitted on-line using the dedicated service.
Alternatively, claims can be made by:
- phoning the contact centre on +39 803 164 (free from Italian landlines) or +39 06 164 164 from mobile phones.
- Electronic services offered by patronage institutes and intermediaries thereof.