This chapter presents survivor benefits, or the monetary compensation to which the relative of an insured worker or deceased pension recipient are entitled, upon submitting a claim and subject to certain conditions:

• The survivors’ pension (pensione di reversibilità) is payable to family members, subject to certain conditions, if the deceased was already a pension holder;
• The indirect pension (pensione indiretta) is payable to family members if the deceased worker was not yet a pension holder but, on the date of death, met certain insurance and contribution requirements;
• If the death was caused by an accident at work, the surviving relatives will also be entitled to the annuity paid by INAIL (which, as of 1 July 2000, can also be claimed in conjunction with other survivor benefits).

In what situation can I claim?

The survivors’ pension and the indirect pension start from the month following the death of the deceased insured worker or pensioner, irrespective of the date of the claim. The surviving relatives with rights are the following, in order of priority:

• the surviving spouse or the surviving partner in civil union even if separated, provided that they have been granted alimony rights by judge decree;
• divorced spouse if a divorce settlement is held;
• children (legitimate or legitimised, adopted or affiliated, natural, legally recognised or legally declared, born prior to marriage to the other spouse) who, on the date of death, are minors, incapacitated, students or university students dependent on the deceased;
• minor grandchildren (equivalent to children) if fully dependent on their grandfather or grandmother on the date of death of the latter;
• or, in the absence of a spouse/ partner in civil union, children and grandchildren, parents no younger than 65 years of age, who do not hold pensions, who, on the date of death, are dependent on the deceased, unmarried incapacitated siblings, who do not hold pensions, who, on the date of death, are dependent on the deceased worker or pension holder.

The INAIL annuity is a monetary benefit, not subject to IRPEF taxation, to which relatives are entitled if the death is caused by a work-related accident or illness. Commences from the day following death.

What conditions do I need to meet?

Entitlement to the survivors’ pension commences the day following the death of the pensioner, subject to the requirements indicated above. The widow or widower who then remarries is entitled only to a one-time payment (see below).

For survivors to be entitled to the indirect pension, the deceased worker, not retired, must have accrued the following minimum qualifying conditions to obtain the ordinary incapacity benefit or the disability pension (or those required for the old-age pension following the pension reform of 1992):

• at least 15 years of contributions (780 weeks) in any given period,

or, alternatively,

• at least 5 years of contributions (260 weeks), of which at least 3 (156 weeks) were paid in the course of the 5 years prior to the date of death.

Requirements for entitlement to the INAIL life annuity (vitalizio) and duration of benefits for children:

• no requirements are imposed on the surviving spouse up to death or re-marriage (in the latter case, they are entitled to a sum equivalent to 3 years of annuity payments);
• the amount due to all children up to the age of 18;
• up to the age of 21, the following requirements must be met: secondary school attendance, being dependent and not having a paid job;
• up to the age of 26, the following requirements must be met: degree course attendance, being dependent and not having a paid job;
• adults unable to work, for as long as the incapacity lasts;
• adults who are fully incapacitated, until death.

What am I entitled to and how can I claim?

The survivors’ pension and the indirect pension are payable to surviving family members whose amount is calculated based on the pension to which the deceased would have been entitled, or based on the pension provided to the deceased, applying the following percentages:

• 60%, spouse only;
• 70%, one child only;
• 80%, spouse and 1 child or 2 children but no spouse;
• 100% spouse and 2 or more children or 3 or more children (without spouse);
• 15% for every other entitled relative, other than spouse, children and grandchildren.

From 1 September 1995, the amount of the survivor's pension is reduced if they have other sources of income, as indicated in the following table:

Widows or widowers who have remarried are entitled only to a one-time payment, equivalent to two annual pension payments, including the thirteenth month, as per their entitlement on the date of re-marriage. If the pension is paid to children too, in addition to the spouse, this must be re-adjusted in favour of the former, applying the reversibility percentages provided for in relation to the changed composition of the household.

The claim may be submitted only electronically as described on this webpage.

The claim also serves as a request for pension accrued and not collected prior to death.

There are also two other types of services:

• Compensation for death. The surviving family of workers already insured on 31 December 1995 and who died without accruing the aforementioned requirements, may claim compensation for death if, within the 5 years prior to the date of death, at least 1 year of contributions was paid. The claim for this compensation must be submitted within 1 year from the date of death, whereupon it expires.
• One-time payment. The surviving family of workers insured after 31 December 1995 and who died without meeting the above requirements, may request a one-time payment if they are not entitled to payments for accidents at work or work-related illness, as a consequence of the death, and have an income no greater than the limits set for granting social welfare benefits. The claim for this compensation must be submitted within 10 years from the date of death, whereupon it expires.

The INAIL annuity is calculated based on annual salary, according to the following percentages:

• 50% to the spouse, with no requirements imposed, up to death or re-marriage (in the latter case, they are entitled to a sum equivalent to 3 years of annuity payments);
• 20% to each legitimate, natural, recognised or recognisable, or adoptive child;
• 40% to each orphaned child;

or, in the absence of spouse and children:

• 20% to each natural or adoptive parent, provided that they are dependent;
• 20% to each brother and sister, provided they are living together and are dependent.

Jargon busters

• Survivors' pension: benefit provided to family members of a deceased pensioner, who already held a direct pension.
• Indirect pension: benefit provided to relatives of deceased workers who did not hold a pension but who, at the date of death, met the stipulated insurance and contribution requirements.
• Compensation for death: benefit paid to surviving relatives of deceased workers who, at the date of death, had not met the insurance and contribution requirements stipulated for the indirect pension.
• One-off payment: benefit paid to surviving relatives of deceased workers who, at the date of death, had not met the insurance and contribution requirements stipulated for the indirect pension.
• INAIL annuity: monetary benefit to which surviving relatives of the worker are entitled if the worker's death was caused by a work-related accident or illness.

Forms you may need to fill in

Claims for a widow’s pension must be submitted electronically to the relevant social security body, INPS or INAIL, depending on the type of benefits to be claimed.

Employee organisations provide free assistance.

Know your rights

The following national links provide information about the social security rights provided for by Italian law:

• INPS;
• INAIL annuities;
• For pensions awarded to surviving relatives of deceased journalists.

Also, below is the link to access European Commission publications on coordination of social security rights for those who live or travel in the EU:

• http://europa.eu/youreurope/citizens/work/unemployment-and-benefits/social-security/index_en.htm.

Who do you need to contact?

National Social Security Institute (INPS)
Via Ciro il Grande 21 00144 Rome RM ITALY

Tel. +39 06803164 (normal operator rates apply)
Multi-channel Contact Centre - Toll-free number: 803164 (free of charge) Website: http://www.inps.it

National Institute for Insurance against Accidents at Work (INAIL)
Piazzale G. Pastore 6 00144 Rome RM ITALY

Tel. +39 0654871
Toll-free number: +803164

Website: http://www.inail.it

Employees’ organisation and tax assistance centres (Patronati, CAF)