If two people are married and one of them has statutory pension insurance, the surviving dependent is often entitled to a survivor’s pension if the insured person dies. Read here what there is to know about it.
If the spouse or registered partner dies, not only does the grief have to be dealt with, but financial matters also have to be settled. It’s good if the deceased leaves behind various entitlements from the statutory pension. Women in particular who have given up work because of children and household chores ask themselves: Can I still afford my life without my husband? On average, they live longer than men, but usually have a significantly lower statutory pension.
An important source of income after the death of a partner for many widows and widowers is the survivor’s pension from the statutory pension insurance. Depending on how old the survivor is and when the couple married, the pension varies, as reported by Finanztest and Deutsche Rentenversicherung.
The survivor’s pension is available under certain conditions. The deceased partner must have paid into the pension for at least five years and the marriage or registered civil partnership existed for at least one year, as the German pension insurance association explains.
However, if a marriage is only concluded in order to secure a pension for the partner, the pension insurance usually rejects a payment because a so-called “care marriage” can be assumed, which was concluded solely to secure a survivor’s pension for the widow or widower to provide supplies. In this case, there is no entitlement to a widow’s or widower’s pension.
But there are also exceptions to the requirements that have to be met: If the spouse dies, for example, in an accident, as a result of a sudden illness, or if there is a joint underage child, the survivor is entitled to a pension even if the marriage was shorter.
If a support marriage can be ruled out and the deceased spouse has fulfilled the so-called waiting period, nothing stands in the way of a widow’s or widower’s pension being granted upon application. A distinction is made between a small and a large widow’s pension.
In order to draw the large widow’s pension, the surviving dependent must be 46 years old at the time of the partner’s death (year of death 2023). There is also a large widow’s pension if a minor or disabled child is being brought up or if the survivor is unable to work. Even if the minimum age mentioned above has not yet been reached.
The amount of the large widow’s pension is 55 percent of the pension that the insurance company paid or would have paid to the deceased partner at the time of death if the marriage has been official since 2002 (new law). For previously concluded marriages (old law) there is 60 percent.
The large widow’s pension is paid for life. The entitlement ceases as soon as the survivor remarries. However, he will then be paid a severance payment of 24 months’ pension from the widow’s pension, which he can apply for in an informal letter.
This amounts to 25 percent of the actual or possible pension of the deceased insured. However, for marriages or civil partnerships concluded after 2002, the payment is usually limited to 24 months. However, if the surviving dependent turns 46 during the reference period, this slips into the “big one”. If the marriage took place before 2002 and the spouse was born before January 2, 1962, then there is a lifelong entitlement to the small widow’s pension. The same applies here: If widows or widowers remarry, they lose their entitlement to their survivor’s pension. Therefore, the pension insurance institution must also be informed immediately of the renewed marriage.
For both widow’s pensions there is also a supplement for any children of the couple. For example, the large widow’s pension for the first child is EUR 72.03 (West) or EUR 71.03 (East). For each additional child there is 36.02 euros/35.02 euros. The small widow’s pension is 32.74 euros (West) and 32.29 euros (East) for the first child, and 16.37 euros/16.14 euros for each additional child.
For the first three months after the death of the deceased, the pension fund will transfer the full amount of the deceased’s pension entitlements upon request. Your own income does not reduce the benefits.
That changes after the end of the quarter of death. A separate income is then taken into account, depending on whether the old or new law applies. In the case of the former, earned income and income replacement income count as one’s own statutory pension. If the new law applies, income from assets, company pensions and benefits from private pension insurance are also taken into account. Income from the Riester pension or payments from a company pension of the deceased are also not taken into account for pensions under the new law.
Allowances are deducted from the income determined in this way. These amount to 950.93 euros and 937.73 euros in the new federal states. For each child entitled to an orphan’s pension, the allowance increases by EUR 201.71 in western Germany and by EUR 198.91 in eastern Germany. Once the allowance has been deducted, 40 percent is deducted from this amount. The net amount of income is taken into account. This is usually determined from the gross income by deducting statutory lump sums.
An example: an allowance of 950.93 euros would be deducted from an income of 2000 euros. 40 percent of the remaining 1049.07 euros are determined. These 418.62 euros are then offset against the actual widow’s pension. With a possible widow’s pension of 1,000 euros, 581.38 euros remain. The widow’s pension is taxable. The same tax rules apply as for a regular old-age pension.
And: The survivor’s pension only flows on application. A death certificate and marriage certificate are required. The Deutsche Rentenversicherung provides neutral advice on all questions on 0 800/1000 48 00 free of charge. You can also make an appointment here.
(This article was first published on Monday, February 06, 2023.)
