Pensión de Orfandad

The amount of the orphan’s pension is 25 per cent of the base rate, provided there is only one child entitled to the pension.

It will be 10 per cent of the base rate for each orphan, in the event that there are several children entitled to a pension. In this case, the resulting pensions are increased by a one-off 15 per cent of the base rate, which is to be divided equally amongst them all.

The calculation percentages set out below shall be, respectively, 12.50 per cent; 5 per cent and 7.5 per cent, in the event that the civil servant died after being declared unfit for duty whilst on duty or as a result of such duty, and where the corresponding special pension has been awarded in their favour .

• Receipt threshold

The total amount of orphan’s pensions may not, under any circumstances, exceed 50 per cent or 100 per cent of the base rate, depending on whether or not, respectively, there is a widowed spouse, former spouse or civil partner of the deceased who is entitled to a pension.

The percentages indicated may not exceed 25 per cent or 50 per cent, respectively, in the event that the civil servant died after being declared unfit for duty whilst on duty or as a result thereof, and where the corresponding special pension has been awarded to them.

The children of the originator who were under 21 years of age, as well as those who were unable to work at all before reaching that age or before the date of the originator’s death, shall be entitled to an orphan’s pension.

In cases of total orphanhood, resulting from the death of both parents, the beneficiary shall be entitled to an increase in the assessment base in accordance with the terms laid down by regulation. However, it should be noted that the provision is still awaiting such regulatory implementation.

In the event that the orphan does not carry out gainful employment, whether as an employee or in self-employment, or where, whilst doing so, or whilst receiving any other income, earnings or benefits in lieu of wages, their annual income is less than the minimum professional wage in force at the time, also calculated on an annual basis, they may be entitled to the orphan’s pension provided that, on the date of the originator’s death, they were under 25 years of age. In this case, the pension will cease when the beneficiary reaches the age of 25, unless they are in full-time education, in which case they will continue to receive the orphan’s pension until the first day of the month following the start of the next academic year.

The adoption of a recipient of an orphan’s pension shall result in the termination of that pension, with effect from the first day of the month following the date of the court order formalising the adoption.