Invalidity pension for the widow or widower of a deceased employee

Verified 09 November 2022 - Directorate for Legal and Administrative Information (Prime Minister)

Your spouse has just died, you want to know if you can get a disability pension? We will tell you the conditions to take advantage of it. It is paid by your social security organization (CPAM: titleContent or MSA: titleContent) if you are disabled and under 55 years of age. For that purpose, the deceased person was entitled to an old age or disability pension. The amount varies according to the amount of the deceased's pension. You must apply by completing a form.

You may be entitled to a widow's or widow's disability pension if you complete the 3 conditions following:

  • You're under 55
  • You have a disability that reduces your work capacity by at least 2/3
  • You can justify that your spouse was entitled, on the date of his death, to an invalidity or retirement pension paid by the General Social Security Scheme (CPAM) or by the Agricultural Social Security Scheme (MSA).

Your application differs depending on whether you are covered by the General Social Security Scheme (CPAM) or the Agricultural Social Security Scheme (MSA).

FYI  

You can apply at any time. However, it is strongly advised to do it quickly because there is no retroactivity. Moreover, the award of the disability pension of the widow of a deceased employee is not automatic.

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You are dependent on the General Social Security Scheme (Cpam)

You must complete the following form:

Application for a disability pension for the widow or widower of a deceased employee

The following documents must be attached to your application:

  • Certificate from your treating physician stating the percentage of disability and the date of onset of the disease that may lead to disability
  • Notification pension plan if you are receiving another disability pension and are under another plan
  • Accident at work Annuity notification of an occupational pension or illness (if you touch it)
  • Notification of retirement pensions
  • Last Income Tax Notice
  • If you live in the European Union or Switzerland, your identity document or any other proof of your Identity and nationality
  • If you live in another country, your valid ID and proof of legal status (e.g. residence permit)
  • If the deceased was receiving invalidity or retirement pensions, notification of his/her pensions or certificates of entitlement

You must send this form and supporting documents to the health insurance fund of the place where your deceased spouse worked.

Who shall I contact

You depend on the agricultural system

You must complete the following form:

Application for a widow's or widow's invalidity pension - person covered by the agricultural scheme (MSA)

The following documents must be attached to your application:

  • Photocopy of the family booklet
  • Certificate from your treating physician stating the percentage of disability and the date of onset of the disease that may lead to disability

You must send this form and supporting documents to the Msa of the place where your deceased spouse worked

Who shall I contact

The amount of the invalidity pension shall be equal to 54% the principal pension your deceased spouse was entitled to. This amount shall be increased by 10% in any of the following cases:

  • if you have had 3 or more dependent children
  • if the children were raised and dependent on your or your deceased spouse for at least 9 years prior to their16e birthdays.

You may, under conditions, accumulate your widow's disability pension with income or the following allocations:

  • Invalidity pension paid by a scheme other than Social Security (CPAM, MSA...)
  • Basic retirement pension
  • Supplementary Invalidity Allowance (Asi)
  • Accident at work Annuity paid if the death of your spouse is the result of a
  • Occupational income

The date of 1er Disability pension payment varies depending on whether your application is made less than one year or more than one year after the death of your spouse.

Less than one year

Your disability pension is paid:

  • from 1er day of the month following the date of death
  • or from 1er day of the month following the date on which your disability is recognized.
More than a year

Your disability pension is paid:

  • from 1er day of the month following the date of receipt of your request
  • or from 1er day of the month following the date on which your disability is recognized.

Your widow's disability pension is canceled if you remarry.

However, you may again receive a disability pension if you divorce or if your spouse dies. To do so, you must meet the conditions to be eligible (be disabled, under 55, etc.).

From the age of 55, your widow's disability pension is converted into an old-age pension. It is paid by your Carsat: titleContent.

The amount paid remains the same as your widow's disability pension provided that it does not exceed a certain amount in addition to other personal benefits you receive.

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