Understanding Survivor's Pension in 2026: Eligibility and Calculation

Survivor's pensions offer important financial assistance to the children and spouses of deceased individuals who were either pensioners or eligible for a pension. This support is governed by Law nr. 360/2023, which outlines the criteria for receiving these benefits.

The amount of the pension varies depending on the number of eligible survivors. For instance, a single survivor is entitled to 50% of the calculated pension base, while two survivors receive 75%, and three or more survivors get the full 100%. The calculation begins with the deceased's old-age pension or, if unavailable, a Grade I invalidity pension.

Children qualify for this pension until they reach 16 years of age. However, if they continue their studies, they can receive benefits until the age of 26, provided they submit proof of enrollment at 16 and within 10 days of each new academic year. Children with any degree of invalidity are also eligible. If proof of continuing studies is not submitted, the pension may be suspended.

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The surviving spouse's eligibility depends on various factors including age, marriage duration, and specific circumstances. A spouse married for 15 years or more can receive a lifelong pension upon reaching the standard retirement age. Those married for 10 to 15 years will see a reduction of 0.5% per month in their pension. Spouses with Grade I or II invalidity may receive benefits before reaching the standard retirement age. In cases where a surviving spouse does not meet these conditions, they can still receive a pension for six months following the death. If the spouse is caring for a child under seven, they can receive the pension until the child turns seven.

Special provisions exist for deaths due to work accidents or occupational diseases, which may alter the pension conditions. Orphans of both parents can combine survivor's pension rights from each parent, potentially increasing their benefits.

Individuals who qualify for their own pension have the option to choose between their pension and the survivor's pension, depending on which is more beneficial. Payments for the chosen pension begin in the month following the request. Applications made within 30 days of the death ensure the pension starts from the month of death; otherwise, payments begin from the application date.

It's important to note that the survivor's pension cannot be combined with certain incomes, particularly those exceeding the gross minimum wage of 4,325 lei as of July 1, 2026. Survivor's pensions can be recalculated upon request to include unvalorized income or contribution periods. However, the rights to the pension can be modified or terminated if circumstances change, such as a child surpassing the eligible age or a spouse remarrying.