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A.T. or E.P. Compensation

In the event of death caused by a work accident or occupational illness, certain beneficiaries are awarded a lump sum compensation amount as well as the corresponding pension.

Beneficiaries

  • The spouse, surviving common law partner or ex-spouse due to divorce, separation or annulment, who are beneficiaries of a widowhood pension.

  • Orphans who are beneficiaries of an orphan's pension.

  • The father and/or mother who are dependent on the deceased, as long as there are no other family members with entitlement to a death and survival pension and that they themselves do not have entitlement this pension as a result of the death of the originator.

Amount

  • The spouse, common law partner or ex-spouse due to divorce, separation or annulment:
    • Six monthly payments of the base rate of the widow's/widower's pension.

    • If there is more than one recipient, the distribution of the compensation will be made in the same way as for a widow's/widower's pension, including the guarantee of 40% of the compensation for the surviving spouse or the person who, without being the spouse, was living with the originator and was the recipient of a widow's/widower's pension.

    • If there is only one beneficiary with an annulled marriage, the amount of the compensation will be proportional to the time spent living with the deceased while married.

  • Orphans:
    • One monthly payment of the base rate of the orphan's pension.

    • Plus the amount resulting from distributing the six monthly payments of the regulatory base pension among the orphans, if there is no spouse or common law partner couple with entitlement to this compensation. After 22/06/06, it is understood that this condition is met if there is no spouse because the orphan's parents were not married.

  • Father and/or mother:
    • Nine monthly payments of the base rate, in the case of one parent.

    • Twelve monthly payments of the base rate, in the case of both parents.

As an exception, in the cases where the death of a pensioner is due topermanent disability arising from occupational contingencies, the compensation will be calculated using the amount of the pension that was being received by the originator at the time of death. 

 

Compatibility / Incompatibility

  • Compensation for spouses and children is compatible with the widow's and orphan's pensions granted to them.
  • Compensation for parents is incompatible with any of the bereavement and survival pensions which may correspond to them or to other family members.
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