Social Protection

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Survivors' benefit

Survivors' benefit - Evaluation 6 questions

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1 Following Juan's death in a skydiving accident, his wife Maria-Paz lost the single income of the household on which she and her 2 years old twins were reliant on. Would they be entitled to a survivors' benefit pursuant to the international minimum standard for social security?

 
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According to the international minimum standard, the dependent widow and children should be entitled to receive a survivor's pension due to the loss of support suffered as a result of the death of the breadwinner. C102 allows survivors' benefit to be made conditional on the wife being presumed incapable of self-support.

2 Under C102, who are eligible to survivors' benefit?

 
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According to C102, survivors' benefits should be awarded, at a minimum, to the wife and children of the deceased. In practice, in line with international best practice and trends, a majority of countries tend to ensure that survivors' benefits are equally awarded to surviving husbands, although often at stricter conditions.

3 According to C102, depending on the type of survivors' scheme in place, what should be the minimum level of the survivors' benefit?

 
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Under C102, the minimum amount for survivors' benefit is determined differently depending on the type of scheme in place by the national legislation and the number of surviving family members. However, it must be based on one of the following standards: where survivors' benefits represent a percentage of previous earnings of the deceased, the benefit should at a minimum be equal to at least 40% of previous earnings after 15 years of contributions or employment or 10 years of residence (when beneficiaries are a dependent spouse with two children) OR where benefits are provided as a flat rate or guaranteed minimum rate, the flat rate or minimum benefit should be at least equal to 40% of the previous earnings of a person deemed typical of unskilled labour in the country after 15 years of contributions or employment or 10 years of residence (when beneficiaries are a dependent spouse with two children) OR when the benefit is a means-tested one, calculated according to a fixed scale, it must be sufficient to maintain beneficiaries in health and decency in combination with other means.

4 Aki had been contributing to social security for 13 years before a fatal accident. He leaves behind his dependent spouse and teenager. Will they be entitled to a full survivors' pension?

 
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If the State has made entitlement to survivors' benefits subject to meeting a qualifying period of 15 years as authorized by C102, Aki's family would not be eligible to the full replacement rate guaranteed by the Convention. Specifically, C102 requires that, at a minimum, a survivors' pension equal to at least 40% of the deceased previous earnings be granted to the standard family composed of a dependent spouse and two dependent children, when the deceased insured person had contributed or been employed for 15 years. However, it also requires that a reduced survivors' benefit be paid to the dependent spouse and children of a person who has contributed or been employed 5 years.

5 Awiti has been receiving a survivor's benefit since her husband passed away unexpectedly 7 years ago. Now that her children have left the household, she would like to return to the labour market. According to the national legislation, if she returns to work, her survivor's benefit will be suspended. Is this in line with international standards?

 
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C102 allows for survivors' benefits to be suspended or reduced if the beneficiary is engaged in any gainful activity as they are meant to cover the loss of support suffered by the spouse and children as a result of the death of breadwinner.

6 Calliope has been receiving a monthly survivor's pension after her mother passed away. Calliope just turned 16, the legal school-leaving age and has decided to backpack through South-East Asia instead of going to college. She relies on her monthly pension to pay for her trip. In this situation, will she keep receiving her survivor's benefit?

 
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Calliope will not receive her survivors' benefit. C102 requires that a minimum survivors' pensions be paid to children until the age of 15 or school leaving age. It is international good practice however to provide survivors' benefits to children so long as they are in school, including university or if they are disabled with usually a higher age limit being applied. The national legislation where Calliope lives is therefore in line with C102.