Applying for survivor benefits following an accident or an occupational disease that occurred before 1 January 2011
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If an accident or occupational disease that occurred before 1 January 2011 resulted in the death of the insured person, the surviving spouse or partner and the children of the deceased may claim survivor benefits from the Accident Insurance Association (Association d'assurance accident - AAA).
Who is concerned?
People eligible for survivor benefits are:
- the surviving spouse or partner;
- legitimate, natural or adoptive children.
Prerequisites
Preliminary steps
The work, commuting or school accident, or the occupational disease must have been declared beforehand.
Deadlines
The beneficiaries must send their application to the AAA within 3 years from the death of the insured.
How to proceed
Declarants are invited to consult our tutorial regarding the use of PDF forms.
Funeral allowance
The surviving spouse or partner who has lived in a domestic community with the insured or, failing that, the person who paid the burial expenses may apply for a funeral allowance.
This allowance corresponds to one-fifteenth of the insured's annual income before the occurrence of the accident or the declaration of the occupational disease. However, this amount may not be less than one-fifteenth of the social minimum wage.
Compensation
The surviving spouse or partner is entitled to a global compensation if the deceased insured received an accident allowance equivalent to a permanent partial disability rate of at least 50 %.
This compensation is only due if the death of the insured person is not attributable to the accident or occupational disease.
The amount of the compensation corresponds to 42.8% of the pensionable income for the pension insurance of the insured person before the occurrence of the accident or the occupational disease.
Survivor’s pension
The spouse or partner is entitled to a survivor's pension if the death of the insured is attributable to the accident or occupational disease.
The survivor's pension corresponds to 42.8% of the pensionable income earned by the deceased insured prior to the occurrence of the accident or occupational disease. The surviving spouse or partner is entitled to this pension until their death or their new engagement by marriage or partnership.
When the amount of the survivor's pension combined with that of the salary received by the surviving spouse or partner exceeds the threshold corresponding to the reference amount provided for in Article 222 of the Social Security Code, the survivor's pension is reduced by 30% of the amount of personal income.
Benefits may be denied in full or in part if:
- the 2 spouses or partners had been living apart voluntarily for at least 2 years before the accident; and
- each supported themselves without the assistance of the other.
Orphan’s pension
Orphans are entitled to an orphan's pension if the death of the insured is attributable to the accident or occupational disease.
The orphan's pension is granted:
- until the age of 18; or
- if the child is a enrolled in higher education, up to and including the age of 27.
The survivor's pension corresponds to 21.4% of the pensionable income earned by the deceased insured person prior to the occurrence of the accident or occupational disease.
It should be noted that all combined survivors' pensions cannot exceed 85.6% of the pensionable income from the pension insurance of the deceased insured person before the occurrence of the accident or occupational disease. For the spouse or the partner and the children any potential reduction is proportional to the amount of the pension.
Payment of the pension
The pension is paid monthly, in advance.
The pension is adjusted to the cost of living index according to the terms applicable to civil servants' salaries and pensions.
The pension is not subject to social security contributions and tax.
Revocation of the pension
The benefits cease to be paid in the month following the surviving spouse's or partner's engagement in a new marriage or partnership.
The orphan's pension ceases to be paid from the moment the orphan starts working or reaches the age of 27.
Appeal
Interested parties have several means of appeal at their disposal to assert their rights.
Online services and forms
Who to contact
Accident Insurance Association
-
Accident Insurance Association
- Address:
-
4, rue Mercier
L-2144
Luxembourg
Luxembourg
L-2976 Luxembourg
- Phone:
- (+352) 26 19 15 1
- Website:
- http://www.aaa.lu
Desk opening hours (with or without booking an appointment via MyGuichet.lu):
Closed ⋅ Opens Monday at 8.00
- Sunday:
- Closed
- Monday:
- 8.00 to 12.00
- Tuesday:
- 8.00 to 12.00
- Wednesday:
- 8.00 to 12.00
- Thursday:
- 8.00 to 12.00
- Friday:
- 8.00 to 12.00
- Saturday:
- Closed
-
Benefits department
- Address:
- Phone:
- (+352) 261915 2000
- Fax:
- (+352) 49 53 35
- Email address:
- prestations.aaa@secu.lu
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