Despite the fact that most Social Security pensions are incompatible with each other, the more than 2.3 million people who receive a widow’s pension are among the exceptions, since they can receive a retirement pension at the same time , provided that each of the requirements that entitle the payment of the two benefits is accredited.
The Social Security, where it explains that the widow’s pension is compatible with the retirement pension to which the beneficiary is entitled. This is due in practice to the fact that the widow’s pension is also compatible with income from work, which is why the surviving worker can increase the contributions that will generate the retirement pension in the future.
This compatibility between a widow’s pension and a retirement pension, however, has limits. If the surviving spouse rebuilds her life and contracts a new marriage or a new common-law partner, he may only collect the widow’s pension from one of the two marriages or common-law partners, in the event that he has generated the right in both .
Requirements to collect the retirement pension
What does not change in any case is the mandatory fulfillment of a series of conditions to receive the two pensions. In the case of retirement pensions, these requirements are clear:
-Compliance with the , which in 2022 is 66 years and two months for people who do not reach 37 years and six months of contributions and 65 years for people who do reach that level. In the case of early retirement, do not anticipate that age by more than two or four years (voluntary or involuntary retirement).
-Have contributed a minimum of 15 years, of which two must occur in the last 15 years prior to the retirement application.
-Be registered with Social Security (although in some cases it is also accessed in situations assimilated to registration and not registration) and up to date with the payment of the contributions that are the responsibility of the worker.
Requirements to receive the widow’s pension
At the same time, the beneficiary of the widow’s pension must meet other requirements that allow him to receive this benefit.
-In cases of death due to common illness detected before the marriage, a duration of one year of marriage will be required (it is not necessary if there were two demonstrable years as a de facto couple) or the existence of children in common.
-People legally separated or divorced (if they have not married or formed a common-law partner) who received a compensatory pension from the deceased. In separations or divorces prior to 2008, the payment of the compensatory pension is not required if less than 10 years passed between the death and said separation or divorce, the marriage had lasted at least 10 years and there were children in common or the beneficiary is 50 years or older at the time of death.
-Judicially separated or divorced people who are victims of gender-based violence.
-De facto couples formed at least two years before the death that demonstrate a stable and demonstrable coexistence of five years (or if they have children in common). The economic requirements that were requested of these people until 2021 have been eliminated.
-The survivors of an extinct domestic partnership who received a compensatory pension and had not married or formed a domestic partnership.
What will be the amount of the retirement pension and the widow’s pension
To calculate the amount of the two pensions, it must be remembered that the law imposes a monthly limit, the maximum amount of the pensions, which in 2022 is 2,819.19 euros per month. The maximum amount that the widowhood and retirement pensions can add together will be that amount and, if it is exceeded, the amount of one of the two pensions will be reduced until that limit is reached.
The calculation of the retirement pension will be made according to , which takes into account the contribution bases of the last 25 years (300 months) divided by 350 to obtain the regulatory base, and subsequently the number of years contributed to know the percentage of the regulatory basis to which you are entitled:
-50% with 15 years of contributions.
-An extra 0.21% for each of the following 106 months and an extra 0.19% for each of the following 146 months.
In the case of early retirement, the worker will have to accept based on reduction coefficients that depend on the type of retirement and the advance of said retirement. These coefficients have been of the pensions that have entered into force in 2022.
To calculate the widow’s pension, the specific assumption that affects each person must be taken into account:
-As a general rule, the amount is 52% of the regulatory base of the deceased, which can increase to 60% in several cases that do not affect the people who would receive a retirement pension at the same time.
-People with family responsibilities (under 26 years of age, disabled elderly people with at least 33% disability and with total income of the family unit less than 75% of the Minimum Interprofessional Salary) can collect 70% of the regulatory base, whose widow’s pension is their main source of income (more than 50% of the total) and whose total income does not exceed the sum of the limit for the supplement for minimum contributory pensions and the minimum amount of the widow’s pension with family responsibilities.
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