Rules for granting a post-husband pension

In order to receive a pension, it is essential that the applicant meets certain conditions. However, is it possible to collect a pension or pension granted to individual else?

Retirement or pension after a husband – what are the conditions?

Pension or pension benefits, taken as a substitute for another person, most frequently happen in the case of spouses erstwhile 1 of the partners dies. In practice, this is not a pension, but a kind of household pension that is granted after circumstantial criteria have been met. It is worth noting that this benefit is individual and ceases with the death of the rightholder.

However, a post-husband pension is not granted or paid automatically by the office. An appropriate application must be submitted to the applicable branch of the Social Insurance Institution. This can be done in person, by letter or via e-ZUS platform. The application is ZUS-Rp2 to which the following papers must be attached:

• confirmation of the date of birth and date of death of the deceased spouse – we will do so by means of a copy of the death certificate of the individual concerned;
• the identity card or another paper confirming the date of birth of the applicant;
• a copy of the matrimony certificate or, in the case of divorcees, a paper confirming the applicant's right to alimony;
• a certificate from a widower’s doctor if the pension is to be paid for incapacity for work;
• a message of the absence of income from gainful employment or non-agricultural business.

Retirement or pension after deceased husband/wife – rules for granting

The household pension shall be paid by the Social Insurance Institution only if the institution considers that the applicant fulfils the essential conditions to receive this benefit. presently entitled to a survivor's pension are members of the deceased's household who, at the time of death, met 1 of the following criteria:

1. She was entitled to or fulfilled the conditions for her retirement.
2. She had a fixed right to a bridge pension.
3. She had a fixed right to a pension for incapacity for work or fulfilled the conditions for obtaining it.
4. She was collecting pre-retirement benefits.
5. She was getting a pre-retirement benefit.
6. She was getting a teacher's compensation.

A spouse who has remained in a marital relation until the death of his wife or husband shall be entitled to a survivor's pension if he meets 1 of the following conditions:

1. At the time of his death, his spouse was 50 years old or incapable to work.
2. He shall rise at least 1 of the children, grandchildren or siblings entitled to a survivor's pension who are under 16 years of age (18 if he is educated at school).
3. Takes care of the kid completely incapable to work and to live independently or completely incapable to work, entitled to a household pension.
4. He was 50 years old or incapable to work after the death of his spouse, but no later than 5 years after his death or from stopping raising his children.

A widowed individual who does not meet the above conditions and has no origin of subsistence shall be entitled to a survivor's pension for 1 year after the death of the spouse or for a period of participation in an organized training qualifying for paid employment, for no more than 2 years after the death of the spouse.

A spouse or spouse divorced or a widow or widower who, at the time of his death, did not stay in a marital relation with him, may receive a survivor's pension if they fulfil the conditions and had the right on the day of his death to alimony on his part laid down by judgement or court settlement.

The right to a pension may besides be granted to a divorced or separated spouse if it proves that, immediately before the death of the spouse, she received alimony from him on the basis of an agreement between divorced/separated (except men).

Attention!The judgement of the SA in Warsaw of 30 June 2021 (Event No III AUa 460/19) stated that the dependency of the right to a widow's pension regardless of age on the existence of a condition of incapacity for work is regulated only in Article 70(1)(1) of the Act on Pensions and Pensions from the Social Insurance Fund part 2 sentence. This means that a widow who, at the time of her husband's death, did not scope the age of 50 and did not meet the condition of raising at least 1 of the children, grandchildren or siblings entitled to a survivor's pension after her deceased husband and gathering the age criteria, school education, full incapacity for work, and independent existence. The construction of Article 70 introduces 2 separate categories of widows entitled to a survivor's pension separately referred to in paragraphs 1 and 2 of that provision, since a different knowing of that right would make it unnecessary under paragraph 2 for a lifetime.

If the Social Insurance Institution has successfully examined the application for a household pension, it will issue an approval decision. In the case of a refusal, the applicant may lodge an appeal within 14 days of receipt of the letter.

The amount of the survivor's pension does not correspond to the amount of the pension received by the deceased spouse during his life. Currently, the amount of this benefit is:

• 85% of the deceased's benefit if 1 individual is entitled;
• 90% of the deceased's benefits if 2 persons are entitled;
• 95% of the deceased's benefits if 3 or more people are entitled.

ZUS examines the entitlement of the deceased to all pension benefits to which he may have been entitled at the time of his death, fixing the household pension after the most favourable payment. As of 1 March 2024 the lowest household pension is PLN 1,780.96.

The amount of the survivor's pension may be reduced if the entitled achieves income from employment or another activities subject to social security. In any cases, this benefit may even be suspended. The right to household pension will be suspended erstwhile the applicant's income exceeds 130% of the average monthly salary. If the income exceeds 70% but does not exceed 130% of the average salary, the household pension shall be reduced by a surplus but not more than a maximum simplification amount.

Retirement or pension after husband:

The spouse has the right to a survivor's pension after a deceased wife or husband – frequently referred to as a pension after a deceased spouse. However, the household pension is not automatically paid, the widow or widower must apply and wait for its affirmative consideration by the Social Insurance Institution. If the income of the entitled individual exceeds the defined threshold, this may consequence in a simplification or suspension of the pension payment.

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