When a person’s spouse or common-law partner dies, they are entitled to receive a widow’s pension. In this way, the National Social Security Institute (INSS) aims to guarantee adequate economic protection to the widow or widower and, in certain cases, to the children or dependents under their care. But perhaps the beneficiaries wonder what happens when the legal retirement age is reached and, therefore, if contributory benefits can be collected at the same time. And the truth is that this is possible, as long as a series of requirements are met.
One of the main issues that must be taken into account is that the Government of Spain, at the request of the Ministry of Inclusion, Social Security and Migrations, led by José Luis Escrivá, set the retirement age for 2023 to collect 100% of the benefit at age 66 and four months, if they have contributed for less than 37 years and nine months, and at age 65, if they have contributed for 37 years and nine months.
In recent times, there have been many changes that have affected the system, and an example of this is the second pension reform, approved on April 1, 2023. Regarding the widow’s pension, since 2022 , unmarried couples can also obtain this benefit under the same conditions as married couples. Similarly, in order to receive the amount, it is necessary to be legally separated or divorced from the deceased, or that the marriage has been declared null.
Are the retirement and widow’s pension compatible?
Although a large part of the benefits managed by Social Security are incompatible with each other, there are exceptions. This is the case of the widow’s pension, which can be compared with the retirement or permanent disability pension to which you are entitled, as well as with any earned income of the beneficiary. However, the limit to the sum of the two contributory pensions is the maximum amount of the pensions, which in 2023 is 3,058.81 euros per month and 42,829.29 euros per year.
Likewise, it can be received at the same time as the Compulsory Old Age and Disability Insurance Pensions (SOVI) although, for this, it is necessary to meet a series of conditions:
When they are obtained simultaneously, the importation of both will not be 100%. In such a case, the amount of the SOVI will be reduced by the amount necessary to not exceed the indicated limit.
In which cases they cannot be received at the same time
Although it is compatible with the benefits mentioned above, two widow’s pensions cannot be received at the same time: the beneficiary must decide who to stay with.
In turn, it cannot be requested if the deceased person was not registered or in a situation assimilated to registration on the date of death.
Requirements to receive the widow’s pension
To qualify for a widow’s pension, the general conditions of affiliation, registration and contributions that are required of the deceased in each situation, is added the obligation to prove other requirements, which are the following:
Having had a marriage relationship or having been in fact with the deceased at the time of death. The deceased must have been registered in the General Social Security Scheme and accumulate at least 500 days in the last five years. disappeared person was not registered at the time of death, that the contribution period is at least 15 years.
Requirements to receive the retirement pension
The first thing to take into consideration when talking about the retirement pension is that Social Security calculates it based on the number of years worked and the worker’s contribution bases for the last 25 years, and these are divided by 350 For its part, the applicant must meet these requirements:
To have contributed for at least 15 years: two must take place in the 15 years immediately prior to the request. To be in a situation of registration or assimilated registration in Social Security. To be up to date with payments with the organization. To be of ordinary age retirement, although the different types of early retirement allow advances depending on the situation of the worker.
