Losing a spouse is a difficult life situation. Act No. 155/1995 Coll., on Pension Insurance, takes these situations into consideration, setting out the conditions for entitlement to a widow's/widower's pension, which belong among the so-called survivor’s pensions. Widow’s/widower’s pensions are granted to widowed persons from the pension system, same as old-age, invalidity or orphan’s pensions.

Conditions for entitlement to a widow’s/widower’s pension

A widow/widower receives a widow’s pension if the deceased spouse received old-age or invalidity pension. If the deceased person did not receive one of the pensions but fulfilled, at the date of death, the period of insurance required for entitlement to these pensions, the survivor is also entitled to a survivor’s pension. The necessary period of insurance is not required to obtain a pension if a person dies as a result of an accident at work. Another condition for obtaining the pension is the existence of marriage. Neither the length of the marriage nor the spouses’ common residence is decisive; what matters is the duration of the marriage at the date of the spouse’s death.

Entitlement to the survivor’s pension ceases upon remarriage, which must be announced to the Social Security Administration. If the marriage was divorced, the former spouse is not entitled to survivor’s pension. A partner or registered partner is not entitled to survivor’s pension. This entitlement does not arise even if the persons have lived together in the same household for a long time and brought up children together.

Requesting a widow’s/widower’s pension

It is necessary to apply for a widow’s/widower’s pension as it is not granted automatically. The application is submitted in person to the Social Security Office of the place of residence. It is also possible to apply for a widow’s/widower’s pension retrospectively. The pension will be paid from the date of entitlement and any unpaid pension instalments will be paid to the claimant. After five years, the entitlement to payment of individual instalments ceases.

If the deceased was in receipt of his or her own pension, the survivors shall submit their proof of identity and the death certificate of the deceased with the application. If the Social Security Office cannot verify that the marriage was valid at the date of death, a marriage certificate needs to be submitted. If the deceased has not yet received a pension of his/her own, it is also necessary to submit documents relating to the deceased that are also attached to the application for an old-age or invalidity pension, e.g. proof of studies or military service, documents proving the upbringing or care of children, proof of periods of insurance or replacement periods.

Duration of widow’s/widower’s pension

The widow’s pension is payable to the survivor for one year after the death of the spouse.

After this period, a person caring for a dependent child or a child dependent on the help of another person, and a person caring for his or her parents or the parents of the deceased, who are dependent on someone else’s help, is still entitled to a widow’s pension. If the person has third-degree disability or has reached the statutory age, he or she is also entitled to a survivor’s pension. The widow/widower then receives the pension for as long as they meet the conditions.

If the survivor does not meet the conditions, he or she is no longer entitled to draw the pension. A widow’s/widower’s pension can be reinstated if the person meets any of the statutory conditions within two years of the previous termination of pension entitlement. Any renewal of payment does not occur automatically, but always on the basis of a request made by the survivor to the Social Security Office.

Earnings and concurrent pensions

Receiving a widow’s/widower’s pension does not limit the type of gainful activity of the widow/widower or the amount of their income. The widower/widow can therefore engage in any gainful activity without losing their entitlement.

If you are already receiving your own old-age or disability pension at the time you are widowed, you will have a “concurrence of pensions”. In the context of concurrent pensions, the survivor receives the full amount of the higher pension and half of the percentage of the lower pension. The procedure is to compare the amount of the old-age or invalidity pension received by the widow/widower and the widow’s/widower’s pension already assessed, and the lower percentage of the two pensions is reduced to one half, while the higher remains whole.