Italy - Survivors' benefits

​What happens if an insured worker or pensioner dies? What are the compensatory measures for family members? How does the Italian government support survivors?

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This article presents survivor benefits, or the monetary compensation to which the relative of an injured worker or deceased pension recipient is 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 specific insurance and contribution requirements;
• Suppose the death was caused by accident at work. In that case, 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 YOU 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 the civil union even if separated, provided that they have been granted alimony rights by judicial decree;
• divorced spouse if a divorce settlement is held;
• children (legitimate or legitimised, adopted or affiliated, natural, legally recognised or legally declared, born before 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 entirely dependent on their grandfather or grandmother on the date of death of the latter;
• Or, in the absence of a spouse/ partner in a civil union, children and grandchildren, parents no younger than 65 years of age, who do not hold pensions. On the date of death, which is dependent on the deceased, unmarried incapacitated siblings, who do not hold allowances, 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. 
  WHAT CONDITIONS DO YOU 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.
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 five years of contributions (260 weeks), of which at least 3 (156 weeks) were in the course of the 5 years before 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 must be met the following requirements: secondary school attendance, being dependent and not having a paid job;
• up to the age of 26, must be met the following requirements: secondary school attendance, being dependent and not having a paid job;
• adults unable to work, for as long as the incapacity lasts;

 WHAT ARE YOU ENTITLED TO, AND HOW CAN YOU CLAIM?  
 The survivors' pension and the indirect pension are payable to surviving family members whose amount is calculated based on the assistance to which the deceased would have been entitled, or based on the service provided to the dead, 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 a spouse);
• 15% for every other entitled relative, other than spouse, children and grandchildren.

For more details, you can read the following link.
 
https://www.inps.it/prestazioni-servizi/pensione-ai-superstiti-indiretta-e-di-reversibilita?AccessModalService=1
 
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 live 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 survive 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 survive 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. dependent.

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