The orphan’s pension is generally derived from the pension to which the deceased father/mother was or would have been entitled at the time of death.
The amount of orphan's pension
Every child of the deceased insured person is entitled to an orphan’s pension. The calculation for the orphan’s pension is always based on 60 % of the widow’s/widower’s pension, independent of how high the amount is or if it is actually accrued.
The orphan’s pension in case one parent is deceased amounts to 40 % and in case both parents are deceased to 60 % of the widow’s/widower’s pension.
If the conditions for the entitlement to orphan’s pension are fulfilled according to the entitlements of both parents, then two pensions are awarded.
Until reaching 18 years of age
A person is considered to be a child until the age of 18 and this includes children and adopted children of the insured person as well as stepchildren, if they have lived in a common household with the insured person. At the same time it is not important if a child is already working or is still in education.
Older than 18 years
If older than 18, an orphan is only entitled to an orphan’s pension in the following cases:
- In full-time schooling or vocational training, maximum until the age of 27 years or if pursuing his/her studies for which family allowance is drawn or for which no family allowance is drawn but a study is pursued in a serious and focussed manner (§ 2 para. 1 lit. b Familienlastenausgleichs-gesetz as amended on 1.9.1992)
- is participating in the voluntary social year, the voluntary environmental protection, year, the memorial service both inland and abroad or the peace and social service in a foreign country, at the most until having completed the age of 27, or
- unable to work if the disease or the handicap has started prior to the age of 18 or during educational or vocational training, the participation to a voluntary year of social service resp. a voluntary year of environmental protection, the memorial service both inland and abroad or the peace and social duty in a foreign country.
Continuation of the entitlement
An application for continuation of the entitlement of the orphan’s pension must be submitted within the first three months after reaching 18 years of age, in order to assure that no interruption of payment occurred.
Termination of entitlement
If the requirements for a continuation of entitlement cease to exist, the orphan’s pension will be revoked at the end of the month (payments will be terminated), in which the reason for termination occurred. If the incapacity to work ceases to apply the awarded orphan’s pension will be revoked by the end of the month following the delivery of the decision.
Grandchildren are not entitled to the orphan’s pension.