Versorgungswerk
der Rechtsanwälte
im Lande Hessen
Körperschaft des öffentlichen Rechts
 

Survivor's pension

Overview

Widow’s, widower’s and life partner’s pensions

After the death of a member, the widow receives a widow’s pension, the widower a widower’s pension and the surviving partner of a registered partnership a life partnership pension. The widow’s, widower’s and civil partnership pension shall be 60 % of the pension which the member would have received or would have received if payment of an invalidity or retirement pension had begun at the time of death.

 

The survivor’s pension shall be granted for the first time in respect of the calendar month following the day of death of the member. The widow’s, widower’s and civil partnership pension expires at the end of the month in which the beneficiary marries.

 

The sum of all survivors’ pensions paid shall not be higher than the retirement or invalidity pension which the member would have received. If the sum of survivors’ pensions is higher, they shall be reduced pro rata.

 

If the marriage was concluded after the commencement of an incapacity for work or after the age of 60 of the member and did not last at least 3 years, there shall be no entitlement to widows/widows’ pension unless a child has emerged from that marriage.

 

If the life partnership was established after the incapacity for work or after the age of 60 of the member and did not last at least three years, there shall be no entitlement to a life partnership pension.

 

Please note that no other income or pension benefits are taken into account during the receipt of a survivor’s pension against the benefit paid.

 

The widow’s, widower’s and life partner’s pension is paid at the beginning of each month. Payment begins with the month on which the claim arises and ends at the end of the month of death.

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Orphan’s pension

The right to an orphan’s pension shall be 20 % for half orphans and 30 % for full orphans of the pension which the deceased member would have received or would have received if payment of an invalidity or old-age pension had begun at the time of death.

 

After the death of a member, an orphan’s pension is paid until the age of 18. Beyond that date, the orphan’s pension shall be granted at the latest until the age of 27 of the child, if he is in school or vocational training or if he is unable to entertain himself at the age of 18 due to physical or mental infirmity. A transitional period of no more than four months between two periods of training, a period of training and the performance of military or civil service or full-time work treated as legally equivalent shall not lapse.

 

If school or vocational training is delayed by a duty of service pursuant to Art. 12a para 1 and sec. 2 of the GG or by a minimum of two years’ activity as a development aid within the meaning of the Development Assistance Act, the orphan’s pension will be granted for a period beyond the age of 27 corresponding to the period of this service, insofar as the service was performed before the age of 27.

 

The right to an orphan’s pension shall be granted for:

  • Marital children
  • Children declared marital
  • Children accepted as a child, in so far as adoption took place before the age of 55 of the member
  • Children out of wedlock

The orphan’s pension shall be granted for the first time in the calendar month following the day of death of the member.

 

The orphan’s pension shall be deducted from a training relationship insofar as it exceeds twice the standard contribution per month.

 

The sum of all survivors’ pensions paid shall not be higher than the retirement or invalidity pension which the member would have received. If the sum of survivors’ pensions is higher, they shall be reduced pro rata.

 

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