Gobierno de España. Ministerio de Hacienda. Secretaría de Estado de Presupuestos y Gastos - Dirección General de Costes de Personal
Sello Excelencia EVAM 200-299, año 2018
Clases Pasivas

General Requisites

Cause

 

The death of the civil servant or retired pensioner.

The declaration of the legal absence of the person entitled to a pension shall not determine the rights of their family members; these rights only arise with the declaration of death of the absent individual, in accordance with the provisions of the Civil Code

 

Waiting period

 

It is not necessary for the deceased person to have completed any minimum period of effective service provisions to the State in order for the pension to go to his or her relatives.

 

Regulatory base of pensions in favour of relatives

 

The regulatory base of pensions in favour of relatives is calculated in various forms depending on the situation of the deceased person:

  • If s/he was a retired pensioner , the regulatory base is the ordinary retirement pension that would have been paid to the deceased person, duly updated where relevant.
  • If a pensioner retired due to a permanent disability the regulatory basis will be 75% of the initially recognised retirement pension if s/he had not fulfilled the 20-year minimum of service to the State, and if this had given rise to an entitlement to a survivor’s pension, orphan’s pension or a pension to be paid to parents, after the time of retirement, due to a permanent disability.
  • If s/he dies in active service, it is the retirement pension that would have been paid to him/herupon reaching the age of forced retirement, with the specificity that the years remaining until this age are considered years of effective service..
  • If the deceased person dies during a leave of absence, a situation of permanent stoppage or is separated from the service , the retirement pension is that which would have been paid to the deceased person, but only considering the services provided until the moment that such situations arose.

Impediment to being a beneficiary

 

Any individual convicted by a final judgement of homicide in any of its forms, when the victim was the person entitled to the pension, may not be a beneficiary of any of the benefits for family members that would have corresponded to him or her.