Requisitos Generales

A person who has been convicted by a final judgment of an intentional offence of murder in any form, where the victim was the person entitled to the benefit, shall not be eligible to receive benefits intended for family members to which they might otherwise have been entitled.

The base rate for pensions payable to family members is calculated differently depending on the circumstances of the deceased:

• If the deceased was in receipt of a retirement pension, the base rate is the ordinary retirement pension actually awarded to the originator, duly adjusted where applicable.
• If they were in receipt of a retirement pension or a pension due to permanent incapacity or unfitness for work and had not completed at least 20 years of effective service to the State, and had given rise to entitlement to a widow’s, orphan’s or parents’ pension under a public social security scheme following their retirement or permanent incapacity or unfitness for work, the base rate shall be the retirement pension at the initially recognised rate of 75 per cent.
• If the person dies whilst on active service, the pension payable is the retirement pension to which they would have been entitled upon reaching retirement or statutory retirement age, with the proviso that the years remaining until they would have reached that age are counted as years of service.
• If the originator was on voluntary leave of absence, had been permanently suspended from service, or had been dismissed from service, the pension payable is the retirement pension to which the originator would have been entitled, but taking into account only the service rendered up to the time they entered into any of those situations.

It is not necessary for the originator to have completed any minimum period of actual service to the State in order for their dependants to be entitled to a pension.

This refers to the death of a civil servant or a pensioner who has retired.

A declaration of the originator’s legal absence shall not be deemed to determine the rights of their relatives; such rights shall arise only upon the declaration of death the absent person, issued in accordance with the provisions of the Civil Code.