Here is a measure of the pension reform that went almost unnoticed: the survivor’s pension can be paid to orphans. Currently, reversion only applies to the surviving spouse for the basic plan, Retirement Insurance. And only a few specific or complementary schemes provide for a survivor’s pension for an orphan child. What must change from September 1st.
The survivor’s pension is part of the pension that the deceased spouse should have received during his lifetime. This reversion currently benefits the surviving spouse, both for the basic retirement pension and for the supplementary one.
Until now, no survivor’s pension existed for orphans in the general scheme. There new lawwhich must apply like the entire pension reform on 1 September 2023, devotes a chapter (article 18) to the creation of a orphan’s pension.
For the time being, the text of the law establishes the principle of this new survivor’s pension. But we will have to wait for the implementing decrees to know the terms.
Pension reform: when should we expect the implementing decrees?
The law to apply from September 1 refers to a decree on two crucial points:
- THE pension amount. The orphan’s pension [sera] equal to a percentage fixed by decree of the main pension, provided by law. Know that percentage. If there are several beneficiary children, the amount will be divided equally between the orphans who have applied for the benefit.
- maintenance age of this reversion (for example until majority, or 21 years) will also be defined by decree. The age is increased by a number of years determined by decree if the beneficiary’s income from activity does not exceed a ceiling, however, specifies the text. For disabled orphans, there will be no age limit.
The first requests can be made from September 1, according to the National Old Age Insurance Fund (Cnav) questioned by Capital. The form is not yet accessible at this stage, for lack of application decrees, but it will be available by the end of the summer on the l’assuranceretraite.frand the first installments will come in the first quarter of 2024, says Capital.
Survivor’s pension in the public service
So far only certain specific and complementary schemes provide for a reversion of the pension of the deceased parent to the orphaned children. Thus, in the public functionorphans can, until they are 21receive 10% of the pension of the dcd civil servant parent. If they have a disability, the payment of the reversion is life. In the case where the orphan loses his second parent or if the latter lives with a partner and cannot receive the pension, the child also receives the reversion (always until his 21st birthday or life if he is handicapped).
Civil servants are not the only ones concerned. Ircantec provides another mechanism for contract workers under public law. Same principle of orphan’s allowance for the retirement plan of lawyers, or that of chartered accountants.
Finally, the supplementary scheme for private sector employees, Agirc-Arrco, paid to orphans (of father and mother), 50% of acquired points by the contributing parent(s). This rule still applies until the child is 21 or 25 if they are apprentices, students or unemployed workers without benefits. For handicapped orphans, this reversion is also paid for life.