Requirements to claim a Survivor’s pension: Rules that govern it

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You need to know what the Requirements to claim a Survivor’s pension, Keep reading and find out what they are!

This pension These are pensions in which the family members who survive the pensioners have rights.

When the pensioner or contributor who has not yet retired dies, the spouses or other family members have the right to said Survivors pension.

As long as all the necessary requirements are met.

Requirements to claim Survivors pension

The necessary requirements to be able to claim the Survivors pension are the following:

First of all we must mention that the right to claim the survivors pensionis mentioned in law 100 of 1993 in article 46:

  • Members of the family group of pensioners due to old age or disability
  • Members of the contributor’s family group which has not yet retired.

This is as long as it has contributed 50 weeks in the last 3 years, just immediately after its death.

Once the right to receive this Survivors pension, Each of the beneficiaries must comply with the following documents in order to prove whether compliance with the requirements is correct.

Regarding the spouses

  • Regarding the spouses, you must comply with the following:
  • Civil registration of birth of said applicant (authentic copy)
  • Identity document (copy)
  • Ecclesiastical marriage certificate or it can also be the civil registry of said marriage (copy)
  • Sworn declaration of coexistence, in the event that this does not exist, you can bring the marriage certificate or in the case that the civil registry of said marriage does not have that document either.

Regarding the children

Regarding children, you must comply with the following:

  • The civil registry
  • Identity card (copy)
  • The student certificate
  • A dependency statement
  • A declaration of invalidity

Regarding the parents

Regarding parents, you must comply with the following:

  • Civil registry which must be of the deceased
  • Identity card of the applicants (parents)
  • A declaration of financial dependency

Regarding invalid siblings

Regarding the siblings, you must comply with the following:

  • Civil registry in this case of the deceased
  • Identity card of said applicant
  • A declaration of financial dependency
  • A declaration of invalidity

Who is entitled to a survivor’s pension

The law specifically indicates who are the beneficiaries of said survivor pension, which indicates that they may not be other than relatives of the pensioner or deceased (if it is the case).

As indicated by law 797 of 2003, in article 14. Which modified article 74 of law 100:

  • Spouse or in the case of having a permanent partner
  • Children who are under the age of 18.
  • Children who are a student, are economically dependent, with an age of 18 and 25 years.
  • Disabled or disabled children of any age, and financially dependent.
  • Parents of said deceased in the absence of the previous benefits, who for some reason were financially dependent on it.
  • Siblings who are disabled in the absence of all the previous beneficiaries, who depend for some reason economically on the deceased.

In the following way, all the previous beneficiaries have a better right:

  • Spouse and children with equal rights. If both exist, this pension will be distributed between the two.
  • If there is no spouse and many fewer children, this pension will be given to the parents.

This is only in the case that it is shown these were financially dependent on the deceased. Passed away.

  • In the event that there is either a spouse, not much less children, or parents, this pension will be awarded to children with a disability.

These people must demonstrate that they are economically dependent on said pensioner.

Rules governing the survivor’s pension

The survivor pension and pension substitution, will be regulated through Law 100 of 1993.

In the medium premium regime, the pension It will be regulated by Article 47 and two following of Law 100.

In the individual savings scheme this survivor pension It is regulated by articles 74,46 and 48 of Law 100 of 1993.

The requirements are the same for each of the two regimens.

For how long the pension is granted

On as to the time that the pension is granted, if said worker is affiliated with the savings scheme individually.

This will take the option of choosing the path of accumulating the capital that is necessary to be able to be a pensioner.

This pension will depend on the amount in the savings account and the returns it generates.

On the other hand, if the worker makes the decision to choose the path of the weeks, 1,150 weeks listed in the private fund will be required from the private fund.

The age of the law to obtain a pension.

In the medium premium regime, 1,300 weeks are required and the age they must be to comply with the law is 57 for women and 62 for men.

How the survivors pension is lost

If you are one of the people who charges survivor pensionand you are curious about How can you get a survivor’s pension?, we will clarify the doubt below:

In addition to being able to have the right to survivor pension, you have a small chance of losing your pension.

This can happen for different causes. But it is time for you to inform yourself and avoid falling into these causes.

People who have a marriage and separate, and liquidate their conjugal partnership. Although this does not determine the other civil effects of the Catholic marriage.

This is enough to lose this right. With regard to recognizing the survivor pensionof the assets of said pensioner they will let it be part of the patrimonial mass which make up the divorce.

If for any reason it is found that there is a separation of facts and liquidation of said conjugal partnership.

Success in your process!

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