Right to a spouse’s pension
14.1. Upon the death of a fund member who has paid contributions to the fund, the member’s surviving spouse is entitled to a pension from the fund pursuant to the rules below, cf. however, Art. 11.19.
Minimum payment period
14.2. A full spouse’s pension pursuant to Art. 14.7 is always paid to a surviving spouse for at least 48 months.
Entitlement for the youngest child
14.3. A surviving spouse is always paid a spouse’s pension, however, until the youngest child supported by the fund member reaches the age of 23 years, provided that it is supported by the spouse.
The surviving spouse is disabled
14.4. If the fund member’s spouse is at least 50% disabled and under 65 years of age, upon the death of the fund member they will receive a pension from the fund, until reaching 67 years of age, which is the same percentage of the spouse's pension provided for in Art. 14.7 as their loss of ability is assessed, but not less than the equivalent of 60% of the fund member's earned disability pension upon death based on 100% disability. The disability shall be evaluated every three years or according to the medical officer’s assessment.
Spouse born before 1945
14.5. If a fund member's spouse was born before 1945, they are entitled to a spouse's pension. A spouse’s pension is calculated as provided for in Art. 14.7, but decreases after three years by 2% for each year that the spouse was born after 1 January 1925, by an additional 2% for each year the spouse was born after 1 January 1930, by an additional 2% for each year the spouse was born after 1 January 1935 and by an additional 2% for each year the spouse was born after 1 January 1940.
Indexed contributions
14.6. However, the spouse of a fund member can always choose whether to receive a spouse's pension pursuant to the provisions of Art. 14.2 to 14.5 or a spouse’s pension equivalent to the indexed contributions paid on behalf of the fund member up until and including the contribution month December 2014, net of any indexed disability or retirement pension the fund member may have enjoyed. The number of months which a spouse shall be paid a pension using this method is obtained by dividing the value of the contributions, net of the fund member's pension, by the spouse's pension according to the provisions of Art. 14.2 to 14.5.
Amount of spouse’s pension
14.7. The amount of the spouse's pension is equal to 60% of pension entitlement under Art. 13.5.
14.8. The right to a spouse's pension does not lapse if the spouse re-marries or establishes a co-habitation equivalent to a marriage, or a registered partnership.
The term “spouse”
14.9. The term “spouse” under this Article applies to a person who at the time of the fund member’s death was married to the fund member or in a registered partnership or registered cohabitation with them, provided their joint estate had not been dissolved prior to the death of the fund member.