Widow's pensions, orphan's pensions and pensions for family members

Extraordinary survival pensions, caused by acts of terrorism, aim to grant special protection to family members of people who have died as a consequence or as a result of criminal activities committed by armed gangs or terrorists.

Originating Contributors

  • Those affiliated to the Social Security System, on active contributor status or assimilated to affiliation, who die as a consequence of an act of terrorism for which they are not responsible.

  • Pensioners with contributory retirement or permanent disability pensions and pensioners with a right to a pension for total permanent disability who opt for a special lump sum compensation for people under 60, who die as a consequence of these acts.

Beneficiaries

Amounts / Limits / Income tax

200% of the resulting amount after applying the relevant percentage to the regulatory base, depending on the pension in question. This amount is determined in accordance with the regulations governing the calculation method for pensions arising from work-related injuries, with certain particular conditions.

Base Pension: 
  • If the deceased was affiliated or in a situation assimilated to affiliation on the date of the attack, it is determined by dividing by 14, the result of multiplying the last monthly contribution base by 12.
  • If the deceased was not affiliated or in a situation assimilated to affiliation at the time it occurred, the minimum contribution base for the General Scheme will be taken as the monthly contribution base (amount of the national minimum wage in force, increased by one sixth).
  • If the deceased had Social Security pensioner status, the regulatory base will be taken as the base for the pension being received, updating it according to the change in the Consumer Price Index from the month the regulatory base was determined to the second month prior to when the attack was committed.
Percentage: 
  • 52% if is widowhood, or, where appropriate, up to 70% when specific requirements have been proven.

    In the event of annulment, the amount of the pension will be proportional to the time spent living as a married couple with the deceased.
  • 20% for orphanhood or for several orphans, the corresponding percentage, where appropriate, up to the limit of 100% of the regulatory base, including the widowhood percentage. 

    In the event that both the mother and father have died orphanhood pension increases by the 52% widowhood percentage (the increase is distributed equally among the orphans with an entitlement to the pension, when there are more than one).
  • 20% or the relevant percentage for family member pensions, as long as the widow's/widower's and orphanage pension has not reached 100% of the base pension.

    If upon death of the originator there is no surviving spouse or children with entitlement to the orphanhood pension, or when the surviving spouse with entitlement to the widowhood pension dies while receiving the pension but without leaving orphans who are beneficiaries, the pension granted to the corresponding family members may be increased by the 52% widowhood percentage.
  • When there are multiple recipients, the sum of the amounts of the benefits for death and survival cannot exceed 100% of the relevant base pension. This limit is applied to the initial amount, but does not affect the periodical revaluations the may be subsequently applied. 

Nevertheless, the 100% limit may be exceeded in the event of concurrence of several orphanhood pensions with widowhood, when the 70% percentage is applicable, as long as the total sum of the orphanhood pensions does not exceed 48% of the regulatory base under any circumstances.

For the purposes of this limit, once the widowhood pension has been granted, the orphanhood pensions will be granted with their corresponding amount and, finally, in the event that it has not reached 100% of the regulatory base, the "pensions" will be granted to family members according to the order established by law.

Minimum monthly amount:
There is a minimum monthly amount equivalent to three times the IPREM  in force at any given time. To this end, the family member pensions are calculated jointly.
Maximum amount:

The amount of the pension can exceed the maximum amount established for other state pensions.

Income tax withheld: 

They are exempt from personal income tax (IRPF).

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