Orphan’s pension in the event of the death of a parent
Last update
In the event of the death of their father or mother, legitimate children or those deemed legitimate children are entitled to an orphan's pension if the conditions for granting such a pension are fulfilled.
The National Pension Insurance Fund (Caisse nationale d'assurance pension - CNAP) is responsible for insured persons and pensioners under the general scheme. Public sector employees have a special pension scheme, with specific terms and conditions.
The orphan's pension is not granted automatically. The person concerned or their legal representative must submit an application for a survivor's pension.
Who is concerned
Legitimate children or those deemed legitimate children of the deceased person.
The following are deemed to be legitimate children:
- legitimised children;
- adopted children;
- natural children;
- all children who have lost both parents, provided that:
- the insured person or beneficiary of the pension were responsible for their upkeep and education during the 10 months that preceded their death; and
- they are not entitled to an orphan's pension on account of their father or their mother.
Prerequisites
General remarks
Orphan's pensions are payable until the age of 18. If the recipient is still in education or vocational training, the orphan's pension will continue up to the age of 27 at the most.
Conditions for granting an orphan's pension
Obtaining an orphan's pension is subject to the same qualifying periods as those that apply for the spouse's or partner's survivor's pension:
- if the deceased insured person was the recipient of a personal pension: no qualifying period is required;
- if the insured person dies while actively employed: the right to a survivor's pension only exists if the deceased was affiliated to the pension insurance scheme for at least 12 months during the 3 years preceding their death.
No preconditions related to the duration of affiliation are required if the death is attributable to an accident or to an occupational illness which occurred during the affiliation.
How to proceed
Submitting the application
Pensions are granted only if formally applied for by those concerned (form available under 'Online services and forms').
If you are a minor, the application must be submitted by your legal representative.
It must, as a principle, be presented in your country of residence.
Exceptions to this principle may apply, depending on the place where the deceased insured person was last affiliated:
- the deceased was last affiliated in Luxembourg:
- you can submit your application to the CNAP, regardless of your place of residence;
- if the deceased worked in several countries, the CNAP will submit the pension applications to the pension bodies abroad;
- the deceased was last affiliated outside Luxembourg:
- you can submit your application:
- either in your country of residence;
- or in the country the deceased last worked;
- the pension body abroad will then have to contact all the other countries in which the deceased has worked.
- you can submit your application:
Where several countries are involved:
- all the steps to be taken are conditional on Luxembourg having a bilateral or multilateral agreement with the foreign country or countries concerned;
- the competent insurance body of a Member State of the European Union contacts the pension body of each country in which the deceased paid contributions;
- you will receive from each country a pension proportional to the length of affiliation of the deceased, provided the conditions for allocation are met in accordance with the country's applicable legislation.
The same principle applies in respect of Switzerland, Iceland, Norway, Liechtenstein and the third-party countries with which Luxembourg has concluded agreements.
Important: If you submit an application to a foreign body, it is essential to lodge a separate application for each orphan.
Supporting documents
You must also enclose with your application:
- a bank account identification document or that of your legal representative if you are a minor;
- a death certificate of the insured person;
- your school attendance certificate (certificate of enrolment) if you are aged between 18 and 27.
Calculation of pension, accumulation, start/end
Amount of pension
The orphan's pension is calculated on the basis of the components of the personal pension to which the deceased was entitled or would have been entitled. Thus, the basis for determining the amount of the orphan's pension is always the insurance history of the deceased.
The orphan's pension comprises:
- 33 % of flat-rate allowances/special flat-rate allowances ('Length of contribution' component);
- 25 % of proportional allowances/special proportional allowances ('Contributions paid' component)
to which the deceased was or would have been entitled as well as a third of the year-end allowance.
Orphan's pensions are indexed to changes in the cost of living and re-adjusted to reflect changes in wage levels.
If you have lost both your father and mother, the pension amount is double the amount mentioned above. If you are entitled to an orphan's pension for both your father and your mother, only the highest pension is doubled.
Accumulation of pensions
Overlapping of several survivor's pensions
The cumulated amount of the pensions paid to the survivors of an insured person may not exceed:
- either the amount of the pension which would have been due to the deceased insured person;
- or, if this method of calculation is more favourable, the average of the 5 highest annual wages during the deceased's insurance history, without this average being less than 1.2 times the reference amount.
If all survivor's pensions combined exceed this limit, they are reduced on a proportional basis.
The orphan's pension and family benefits
The orphan's pension may be cumulated with family benefits paid by the Children's Future Fund (Caisse pour l'avenir des enfants - CAE) without any reduction being applied.
Taxation
Orphan's pensions paid in accordance with the social security legislation are not subject to tax.
Payment of the orphan's pension
Like all other pensions, orphan's pensions are paid monthly and in advance.
Payment of the pension ceases:
- at the age of 18 or, in the event of ongoing studies, at the latest at the age of 27;
- the month following your marriage or declaration of civil partnership unless you are still studying;
- in the event of a personal pension being granted.
As long as you are a minor, the orphan's pension is paid to your legal representative.
Online services and forms
Who to contact
-
National Pension Insurance Fund
- Address:
-
1A, boulevard Prince Henri
L-1724
Luxembourg
Luxembourg
L-2096 Luxembourg
- Phone:
- (+352) 22 41 41-1
- Phone:
-
(+352)224141-6500
Hotline
- Website:
- http://www.cnap.lu
Closed ⋅ Opens tomorrow at 8.00
- Thursday:
- 8.00 to 12.00 , 13.00 to 16.00
- Friday:
- 8.00 to 12.00 , 13.00 to 16.00
- Saturday:
- Closed
- Sunday:
- Closed
- Monday:
- 8.00 to 12.00 , 13.00 to 16.00
- Tuesday:
- 8.00 to 12.00 , 13.00 to 16.00
- Wednesday:
- 8.00 to 12.00 , 13.00 to 16.00
Public counters are open by appointment only.
Telephone reception from 8.00 to 12.00 and from 13.00 to 16.00
Contact form: http://www.cnap.lu/accueil-mail/
Related procedures and links
Procedures
Links
Further information
-
La pension de survie
sur le site de la Caisse nationale d’assurance pension (CNAP)
-
Droit de la sécurité sociale
sur le site de l'Inspection générale de la sécurité sociale
Legal references
- Code de la sécurité sociale - Livre III, Chapitre II
-
Loi du 27 juillet 1987
concernant l'assurance pension en cas de vieillesse, d'invalidité et de survie
