The death of a loved one is a difficult time for everyone in the family, and thinking about bureaucracies and finances at this time makes everything even more complicated. However, to avoid future concerns, it is good to be informed about some matters as soon as possible.
Within this aspect, a very frequent question is whether a widow or widower can receive retirement benefits from the deceased spouse. See later in this article for more details on the answer to this question.
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The death pension is a pension benefit paid by the INSS (National Institute of Social Security) to dependents of a worker who died or had his death declared in court, as in cases of disappearance.
Article 16 of the Social Security Law (Law 8.213/91) defines those who are considered dependents as follows: children up to 21 years of age, excluding cases of disability or disability (in these situations, they receive the full life); for married or divorced man or woman, divorced or legally separated man or woman who received food stamps. If there are no children or grandchildren, the surviving spouse's parents may apply for a pension, provided they demonstrate economic dependence.
If the spouse's death occurred between June 28, 1977 (Law n. 9,528/1997) and December 11, 2019 (EC n. 103/2019) the amount of the death pension in relation to the spouse is 100% of the retirement benefit that the deceased received. In the case of death occurring after the entry into force of EC n.º 103/2019, the value of the subsidy of mourning for the wife will be equal to 50% of the amount of the pension received by the deceased or the one to which he would have right.
