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Retirement pension of spouse and former spouse: death of an official
Verified 07 November 2022 - Directorate for Legal and Administrative Information (Prime Minister)
Marriage, Civil partnerships or cohabitation (common-law)
Have you been married to a deceased official and want to know if you can receive a survivor's pension? You can receive a survivor's pension under certain conditions. The pension is equal to 50% the basic pension which the deceased official was receiving or could have received. We give you the useful information and explain the steps to do.
What applies to you ?
Please note that a survivor's pension cannot be obtained by cohabitation or by entering into a Civil partnership.
You're a public servant
A portion of the retirement pension that the deceased employee received or could have received is returned to you.
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Spouse of deceased official
To receive a survivor's pension, you must complete at least one the following 4 conditions:
- You have at least 1 child born from this marriage, including children born before the marriage, recognized by the father on whose behalf the pension rights were acquired
- Your marriage lasted for at least 4 years (for same-sex couples who are married by 31 December 2014, the length of the Civil partnerships preceding the marriage is taken into account in the calculation of the 4 years)
- Your marriage was celebrated at least 2 years before the deceased official was retired
- The deceased was receiving a disability pension and the marriage took place before the event that led to his/her retirement
Warning
if you live as a couple again after the death of the official, you lose the benefit of the survivor's pension. However, you can apply for it again if your new union is broken.
Former spouse of a deceased official
Not remarried
To receive a survivor's pension, you must complete at least one the following 4 conditions:
- You have at least 1 child born from this marriage, including children born before the marriage, recognized by the father on whose behalf the pension rights were acquired
- Your marriage lasted for at least 4 years (for same-sex couples who are married by 31 December 2014, the length of the Civil partnerships preceding the marriage is taken into account in the calculation of the 4 years)
- Your marriage was celebrated at least 2 years before the deceased official was retired
- The deceased was receiving a disability pension and the marriage took place before the event that led to his/her retirement
Warning
if you live as a couple againHowever, after the death of the official, you lose the benefit of the survivor's pension. However, you can apply for it again if your new union is broken.
Remarried before the death of the official
In order to receive a survivor's pension, you must complete at least one the following conditions:
- You have at least 1 child from that marriage (including children born before the marriage recognized by the father, on whose behalf the pension rights were acquired),
- Your marriage lasted for at least 4 years (for same-sex couples who are married by 31 December 2014, the length of the Civil partnerships preceding the marriage is taken into account in the calculation of the 4 years)
- Your marriage was celebrated at least 2 years before the deceased official was retired
- The deceased was receiving a disability pension and the marriage took place before the event that led to his/her retirement
- Your new union has ceased and you have not acquired any other survivor's pension rights for that new union
- The right to a pension on behalf of the deceased official must not be granted to another spouse or orphan
Warning
if you live as a couple again after the death of the official, you lose the benefit of the survivor's pension. You can apply for it again if your new union is broken.
When you change your situation (remarriage, divorce, etc.), you must report it to the State Pension Service.
Who shall I contact
FYI
you are also entitled, subject to conditions, to the payment of a RAFP’s reversion benefit.
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Retired official
The survivor's pension is not automatically granted. You must request it on the Internet or by mail.
On the Internet
The request is made from your personal pension account:
For information on the application for a survivor’s pension, you can contact the State Pension Service.
Who shall I contact
By mail
The application is made using a form and its explanatory note.
Retired official of the State - Application for survivor's or orphan's pension
If you meet the conditions for a child supplement, you must complete a second form:
Deceased State official - Application for child supplement to survivor's pension
You must send the request to the State Pension Service.
Who shall I contact
Deceased official in active employment
The survivor's pension is not automatically granted. You must request it on the Internet or by mail.
On the Internet
The request is made from your personal pension account:
For information on the application for a survivor’s pension, you can contact the State Pension Service.
Who shall I contact
By mail
The application is made using a form and its explanatory note.
Official of the State who died in active employment - Application for survivor's or orphan's pension
If you meet the conditions for a child supplement, you must complete a second form:
Deceased State official - Application for child supplement to survivor's pension
For information on the application for a survivor’s pension, you can contact the State Pension Service.
Who shall I contact
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The deceased was married only once
The survivor's pension shall be equal to 50% the basic pension which the deceased official was receiving or could have received.
If your resources (including the amount of the survivor's pension) are less than minimum old-age amount, a pension supplement is paid to you to reach this minimum.
The survivor's pension may be increased by half of the amount of the child surcharge that the deceased official was or could have been receiving. To benefit from this increase, you must have raised at least 3 children for at least 9 years before their 16th birthdaye birthday or before the age at which they ceased to be dependants.
The deceased was married several times
The survivor's pension shall be shared between the spouse and the former spouses of the deceased official.
This division is proportional to the length of each marriage.
If the deceased was disabled, the amount of the survivor's pension may be increased by half of the disability pension he or she received.
Payment of survivor's pension is not automatic. You have to ask for it.
The amounts to which you may be entitled will be limited to the current year and to the 3 calendar years (from 1er January to December 31) preceding it.
Example :
If you apply on September 16, 2022, after your spouse's death on September 16, 2012, the reversion amount will not exceed 1er January 2019.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Retired official
The official's pension shall be paid until the end of the month in which he dies.
For example, if the grievor dies on September 16, 2022, his pension is paid until September 30, 2022.
The starting point of the survivor's pension shall be 1er day of the month following death (i.e., in the previous example, at 1er October 2022).
Deceased official in active employment
The starting point of the survivor's pension shall be the day after death.
You are a territorial official
A portion of the retirement pension that the deceased employee received or could have received is returned to you.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Spouse of deceased official
To receive a survivor's pension, you must complete at least one the following 4 conditions:
- You have at least 1 child born from this marriage, including children born before the marriage, recognized by the father on whose behalf the pension rights were acquired
- Your marriage lasted for at least 4 years (for same-sex couples who are married by 31 December 2014, the length of the Civil partnerships preceding the marriage is taken into account in the calculation of the 4 years)
- Your marriage was celebrated at least 2 years before the deceased official was retired
- The deceased was receiving a disability pension and the marriage took place before the event that led to his/her retirement
FYI
if you live as a couple again after the death of the official, you lose the benefit of the survivor's pension. However, you can apply for it again if your new union is broken.
Former spouse of a deceased official
Not remarried
To receive a survivor's pension, you must complete at least one the following 4 conditions:
- You have at least 1 child born from this marriage, including children born before the marriage, recognized by the father on whose behalf the pension rights were acquired
- Your marriage lasted for at least 4 years (for same-sex couples who are married by 31 December 2014, the length of the Civil partnerships preceding the marriage is taken into account in the calculation of the 4 years)
- Your marriage was celebrated at least 2 years before the deceased official was retired
- The deceased was receiving a disability pension and the marriage took place before the event that led to his/her retirement
Warning
if you live as a couple again after the death of the official, you lose the benefit of the survivor's pension. However, you can apply for it again if your new union is broken.
Remarried before the death of the official
In order to receive a survivor's pension, you must complete at least one the following conditions:
- You have at least 1 child from that marriage (including children born before the marriage recognized by the father, on whose behalf the pension rights were acquired),
- Your marriage lasted for at least 4 years (for same-sex couples who are married by 31 December 2014, the length of the Civil partnerships preceding the marriage is taken into account in the calculation of the 4 years)
- Your marriage was celebrated at least 2 years before the deceased official was retired
- The deceased was receiving a disability pension and the marriage took place before the event that led to his/her retirement
- Your new union has ceased and you have not acquired any other survivor's pension rights for that new union
- The right to a pension on behalf of the deceased official must not be granted to another spouse or orphan
Warning
if you live as a couple again after the death of the official, you lose the benefit of the survivor's pension. However, you can apply for it again if your new union is broken.
When you change your situation (remarriage, divorce, etc.), you must report it to the National Pension Fund of Local Government Agents.
Who shall I contact
FYI
you are also entitled, subject to conditions, to the payment of a RAFP’s reversion benefit.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Deceased official in active employment
The pension must be applied for through the employer community.
Retired official
The survivor's pension is not automatically granted. You must request it on the Internet or by mail.
On the Internet
The request is made from your personal pension account:
By mail
You must complete the following form:
Retired local government official - Application for survivor's pension (spouse, ex-spouse, orphan)
You can also obtain a file to complete from the National Pension Fund for Local Government Agents (CNRACL).
You must send your application for a survivor's pension to the CNRACL.
Who shall I contact
Répondez aux questions successives et les réponses s’afficheront automatiquement
The deceased was married at least once
The survivor's pension shall be equal to 50% the basic pension which the deceased official was receiving or could have received.
If your resources (including the amount of the survivor's pension) are less than minimum old-age amount, a pension supplement is paid to you to reach this minimum.
The survivor's pension may be increased by half of the amount of the child surcharge that the deceased official was or could have been receiving. To benefit from this increase, you must have raised at least 3 children for at least 9 years before their 16th birthdaye birthday or before the age at which they ceased to be dependants.
The deceased was married several times
The survivor's pension shall be shared between the spouse and the former spouses of the deceased official.
This division is proportional to the length of each marriage.
If the deceased official was disabled, the amount of the survivor's pension may be increased by half of the disability pension he received.
Payment of survivor's pension is not automatic. You have to ask for it.
The amounts to which you may be entitled will be limited to the current year and to the 3 calendar years (from 1er January to December 31) preceding it.
Example :
If you apply on September 16, 2022, after your spouse's death on September 16, 2012, the reversion amount will not exceed 1er January 2019.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Retired official
The official's pension shall be paid until the end of the month in which he dies.
For example, if the grievor dies on September 16, 2022, his pension is paid until September 30, 2022.
The starting point of the survivor's pension shall be 1er day of the month following death (in the previous example, at 1er October 2022).
Deceased official in active employment
The starting point of the survivor's pension shall be day after death.
You're a hospital official
A portion of the retirement pension that the deceased employee received or could have received is returned to you.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Spouse of deceased official
To receive a survivor's pension, you must complete at least one the following 4 conditions:
- You have at least 1 child born from this marriage, including children born before the marriage, recognized by the father on whose behalf the pension rights were acquired
- Your marriage lasted for at least 4 years (for same-sex couples who are married by 31 December 2014, the length of the Civil partnerships preceding the marriage is taken into account in the calculation of the 4 years)
- Your marriage was celebrated at least 2 years before the deceased official was retired
- The deceased was receiving a disability pension and the marriage took place before the event that led to his/her retirement
FYI
if you live as a couple again after the death of the official, you lose the benefit of the survivor's pension. However, you can apply for it again if your new union is broken.
Former spouse of the deceased official
Not remarried
To receive a survivor's pension, you must complete at least one the following 4 conditions:
- You have at least 1 child born from this marriage, including children born before the marriage, recognized by the father on whose behalf the pension rights were acquired
- Your marriage lasted for at least 4 years (for same-sex couples who are married by 31 December 2014, the length of the Civil partnerships preceding the marriage is taken into account in the calculation of the 4 years)
- Your marriage was celebrated at least 2 years before the deceased official was retired
- The deceased was receiving a disability pension and the marriage took place before the event that led to his/her retirement
Warning
if you live as a couple again after the death of the official, you lose the benefit of the survivor's pension. However, you can apply for it again if your new union is broken.
Remarried before the death of the official
In order to receive a survivor's pension, you must complete at least one the following conditions:
- You have at least 1 child from that marriage (including children born before the marriage recognized by the father, on whose behalf the pension rights were acquired),
- Your marriage lasted for at least 4 years (for same-sex couples who are married by 31 December 2014, the length of the Civil partnerships preceding the marriage is taken into account in the calculation of the 4 years)
- Your marriage was celebrated at least 2 years before the deceased official was retired
- The deceased was receiving a disability pension and the marriage took place before the event that led to his/her retirement
- Your new union has ceased and you have not acquired any other survivor's pension rights for that new union
- The right to a pension on behalf of the deceased official must not be granted to another spouse or orphan
Warning
if you live as a couple again after the death of the official, you lose the benefit of the survivor's pension. However, you can apply for it again if your new union is broken.
When you change your situation (remarriage, divorce, etc.), you must report it to the National Pension Fund of Local Government Agents. It manages applications for both the territorial public service and the hospital public service.
Who shall I contact
FYI
you are also entitled, subject to conditions, to the payment of a RAFP’s reversion benefit.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Deceased official in active employment
The pension must be applied for through the employer institution.
Retired official
The survivor's pension is not automatically granted. You must request it on the Internet or by mail.
On the Internet
The request is made from your personal pension account:
By mail
The request is made using the following form:
Retired local government official - Application for survivor's pension (spouse, ex-spouse, orphan)
You can also obtain a file to complete from the National Pension Fund for Local Government Agents (CNRACL).
You must send your application for a survivor's pension to CNRACL: titleContent.
Who shall I contact
Répondez aux questions successives et les réponses s’afficheront automatiquement
The deceased was married at least once
The survivor's pension shall be equal to 50% the basic pension which the deceased official was receiving or could have received.
If your resources (including the amount of the survivor's pension) are less than minimum old-age amount, a pension supplement is paid to you to reach this minimum.
The survivor's pension may be increased by half of the amount of the child surcharge that the deceased official was or could have been receiving. To qualify for this increase, you must have raised at least 3 children for at least 9 years before their 16th birthdaye birthday or before the age at which they ceased to be dependants.
The deceased was married several times
The survivor's pension is shared between the spouse and the former spouses of the deceased official.
This division is proportional to the length of each marriage.
If the deceased was disabled, the amount of the survivor's pension may be increased by half of the disability pension he or she received.
Payment of survivor's pension is not automatic. You have to ask for it.
The amounts to which you may be entitled will be limited to the current year and to the 3 calendar years (from 1er January to December 31) preceding it.
Example :
If you apply on September 16, 2022, after your spouse's death on September 16, 2012, the reversion amount will not exceed 1er January 2019.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Retired official
The official's pension shall be paid until the end of the month in which he dies.
For example, if the grievor dies on September 16, 2022, his pension is paid until September 30, 2022.
The starting point of the survivor's pension shall be 1er day of the month following death (in the previous example, at 1er October 2022).
Deceased official in active employment
The starting point of the survivor's pension shall be the day after death.
Who can help me?
Find who can answer your questions in your region
If the deceased was a public servant
State Pension Service (SRE)Whether the deceased was a territorial or hospital official
National Pension Fund for Local Government Officials (CNRACL)
Spouse's right to a pension (Articles L38 and L39), distribution of the pension (Article L43), divorced spouse's right (Articles L44 and L46)
Rules on the cumulation of pensions (Article L88)
Pension increase for children in care (Article R*32a)
Spouse's right to pension
Payment (Article R98)
Amount (Article D19-1)
Documents to be supplied (Articles D23 and D26)
Right to a survivor's benefit (Article 10)
Right to a survivor's benefit (Articles 4 to 9)
Online service
FAQ
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State Pension Service (SRE) - Ministry of Public Finance
National Pension Fund for Local Government Officials (CNRACL)
Public interest grouping "Union retirement"
Additional Public Service Pension Institution (PSPRA)
State Pension Service (SRE) - Ministry of Public Finance
Public interest grouping "Union retirement"