Survivor’s Pension After the Death of a Husband in Ukraine

Losing a loved one is one of the most difficult experiences a person can face. In some cases, however, the death of a family member also results in the loss of the family's main source of income. This may happen where the surviving spouse did not work, had a significantly lower income or pension, or was financially dependent on the deceased. In such circumstances, a survivor's pension in Ukraine may provide important financial support.

When can a wife receive a pension after her husband's death?

Article 36 of the Law of Ukraine No. 1058-IV “On Compulsory State Pension Insurance” provides for the possibility of granting a survivor's pension to eligible family members of a deceased breadwinner. The right to such a pension depends on several statutory conditions, including the status of the surviving family member and, in certain cases, the pensionable insurance service accumulated by the deceased at the time of death.

A surviving wife who meets the statutory requirements may apply for a survivor's pension after the death of her husband. However, this should not be understood as a direct transfer of the deceased husband's pension to his wife. Instead, the Pension Fund of Ukraine determines the survivor's entitlement and calculates the amount of the survivor's pension in accordance with Ukrainian pension legislation.

An important feature of a survivor's pension is that children who meet the statutory requirements may be entitled to such a pension regardless of whether they were financially dependent on the deceased breadwinner.

Other family members may also qualify for a survivor's pension in circumstances provided for by law. Eligibility depends on such factors as age, disability or incapacity for work, family relationship with the deceased, financial dependency and loss of the source of livelihood.

Under Law No. 1058-IV, eligible family members may include, subject to the statutory requirements:

• the deceased person's husband or wife;
• the deceased person's father or mother who has reached the applicable retirement age or meets the statutory requirements concerning disability;
• children and other family members specified by Ukrainian pension legislation;
• family members who were financially dependent on the deceased or received assistance from the deceased that constituted their permanent and principal source of livelihood.

The amount of a survivor's pension in Ukraine depends on the number of eligible family members. As a general rule, one eligible family member may receive 50% of the old-age pension of the deceased breadwinner, calculated in accordance with the applicable pension legislation. Where two or more eligible family members are entitled to a survivor's pension, the amount may be calculated at 100% of the deceased breadwinner's old-age pension and distributed among the eligible family members in equal shares.

Where several eligible family members belong to the same family, the pension may be paid in accordance with the procedure established by the Pension Fund of Ukraine. An eligible family member may, where permitted by law, request that their individual share be allocated and paid separately.

To apply for a survivor's pension in Ukraine, the applicant must submit an application and the necessary supporting documents to the Pension Fund of Ukraine using one of the available methods provided by law. The Pension Fund will verify the applicant's eligibility, the family relationship with the deceased, the deceased person's pensionable service where relevant, and other circumstances necessary to determine entitlement.

The date on which the application is submitted is important because it may affect the date from which the survivor's pension is awarded. Ukrainian legislation establishes specific rules governing the period within which an application should be submitted in order to receive the pension from the earliest possible date. Therefore, it is advisable not to delay applying to the Pension Fund following the death of the breadwinner.

A survivor's pension is generally awarded to eligible family members for the period during which they are considered unable to work under Ukrainian pension legislation. For eligible persons who have reached the statutory retirement age, the survivor's pension may be awarded for life, subject to the applicable legal requirements.