Legal basis:
a) Law no 7703, dated 11.05.1993 “On Social Insurance in the Republic of Albania”, amended.
Eligibility conditions:
a) widow, being:
– the breadwinner of a child who used to be dependent upon the deceased, until 8 years of age;
– unable to work;
– has reached the age of 50.
b) widower, being:
– the breadwinner of a child who used to be dependent upon the deceased, until 8 years of age;
– unable to work;
– has reached the age of 60.
c) orphan dependent upon the deceased, under 18 years of age or up to 25 years old if studying or unable to work;
d) parents, when they reach age 65 or are disabled to work, grandparents, stepparents, if they are not depending upon some other people, and if there is proof that they used to be part of the household of the deceased for not less than one year before the death occurred and have reached 65 years of age or are unable to work;
e) grandchildren if they used to be dependent upon the deceased and part of the household of the deceased. In this case, they shall be treated as orphans;
f) widow/er loses the right to survivors pension if getting married.
Documentation:
Application form of survivors pension, and other necessary documents shall be submitted to LSIA of the residence place according to civil status registration. Documents to accompany application form of survivors pension are as follows:
a) Documents to prove age and identity:
– Family certificate;
– Death certificate of the deceased (including the cause of death);
– Photocopy of electronic notification paper for the applicant or other beneficiaries.
b) Documents proving periods of insurance and the type of work are:
– Work booklet;
– Proof of work history and its type;
– Certificate on period of insurance issued by archives office at the Regional Directorate of Social Insurance for employers, employees, self-employed, self-employed in agriculture and the insured on voluntary basis, and the insured by DCM;
– Decision of court for recognition of work history (if deemed reasonable);
– Proof of work history for ex-agricultural cooperatives members before 1992;
– Proof of Military Branch for the period of compulsory military service (for male applicants);
– Standard certificate of work history for the military;
– Notarized copy of university diploma for female applicants (if they graduated, full-time).
c) Applicants who benefit from Law no 7514, dated 30.09.1991 “On acquittal, amnesty and rehabilitation of former prisoners and politically persecuted people” should also submit:
– Proof of legal status;
– Proof of detention time issued by the Ministry of Public Order;
– Proof of conviction for political expediency and relevant suffering time issued by the Commission of the Ministry of Public Order and Ministry of Justice;
– Any other justifying document confirming being employed.
d) Documents proving dependency upon the deceased:
Besides the documents specified above, there shall be submitted the following documents:
– Proof of school attendance for orphans who have reached legal employment or self-employment age;
– Decision of MCDWA on the work incapacity of the survivors of the deceased insured person, in case they are at working age;
– Certificate from local authorities confirming that the widow/er dependent upon the deceased is raising a child under 8 years of age dependent upon the deceased as well;
– Certificate that the widow/er is seeking work;
– Official report or note proving that death is caused due to work accident and the decision of MCDWA if death is caused due to occupational disease;
– Proof from local authorities that parents and grandparents have no other people obliged to take care of them and have lived in the household of the deceased for not less than one year prior to death;
– Certificate from prosecution or court authorities, as regards claims under decree no 758, dated 01.04.1994 “On special protection for military”;
– Certificate issued by relevant ministry proving pilots’ loss of life while performing their duties flying. In order to be entitled to this benefit, the person concerned must apply in writing to the LSIA, where a declaration is submitted confirming he/she is not economically active (employed or self employed);
– The orphan who is at the legal working age (including employment and self-employment), if not attending school, and under 18 years of age (if an urban resident) and under 16 years of age (if a rural resident), includes in the application documentation also a declaration indicating he/she is not employed or self-employed as well as a certificate from Labor Office.
e) Documents proving incomes:
– Contributory wage certificate for insurance periods from 01.01.1994 until release from work, according to the standard form (if he/she has worked and paid contributions for periods after the date 01/01/1994)
– Proof of average net wage of last year of work;
Benefit amount:
Survivors pension is a part of the pension the deceased spouse was receiving or would have been entitled to.
a) Widow/er receives 50% of the pension enjoyed or would have been enjoyed by the deceased, if living on his/her own, and for any other member gets 25%, provided that pension amount does not exceed 100% of amount;
b) If the widow does not share the survivors pension, and only one orphan is the beneficiary, orphan’s pension amount is 50% of the pension the deceased was enjoying or would have enjoyed;
c) If the widow does not share survivors pension, and the beneficiaries are two or more persons, survivors pension amount for each of them is 25%, but not more than 50% of the pension the deceased was receiving or would have received;
d) Survivors pension amount shall not exceed the amount received or would have been received by the deceased;
e) Orphan shall get survivors pension even if the alive parent he/she is living with is employed or economically active or is receiving a pension for being his/her own right. In this case, pension amount for each orphan or any other person benefitting shall be 25% of the pension received by the deceased, but not more than 50%;
f) The orphan who has lost both parents shall receive an orphan’s pension for each of the parents;
If pension payment deadline expires, application for extension of survivors pension shall be made to relevant LSIA of the residence according to the residence registry, together with the required documentation.