children of the participants of retirement rights
under the age of 21 shall be entitled to an orphan's pension, as
well as those who were completely disabled for any kind of work before meeting this age or before the date of the death of the participant.
If the orphan does not have paid work, either working for him/herself or an employer, or when they do but the income they receive in the annual calculation is less than the minimum wage set at the time, also in terms of annual calculation, they may also draw an orphan's pension so long as, at the date of the death of the participant, they were under the age of 22, or 24 if, at this time or before they turned 21, or where applicable 22, neither parent was surviving or the orphan has a disability of 33 percent or more. In this case, the pension shall end when the holder turns 24, except if he/she is studying, in which case they may continue to draw the pension until the first day of the month following the start of the following academic year.
The amount of the orphan's pension is
25% of the basis for calculation when there is only one child entitled to a pension.
It shall be 10% of the basis for calculation for each orphan in the event that there are several children entitled to a pension. In this case, the resulting pensions shall be increased by a single 15% of the basis for calculation, which will be distributed evenly among all of the children.
In the event that the civil servant died after being declared incapacitated while on or as a result of active duty and they were assigned the corresponding extraordinary pension, the calculation percentages indicated above shall be
12.5%, 5% and 7.5%, respectively.
• Amount Limit
The joint amount of orphans' pension can never exceed
50 percent or 100 percent of the calculation basis,
whether there are or not (respectively with entitlement to a pension) a
widowed spouse, former spouse or de facto partner of the deceased.