Application for a widower’s pension

General information

For better understanding and easier reading, only the widow’s pension/widower’s pension is described in this chapter. However, the explanations apply equally to surviving registered female partners and surviving registered male partners.

It is necessary to apply for a widow's/widower's pension. Information on the eligibility requirements can be found on the page entitled 'General information about the widow's/widower's pension'.

Affected

Widow/widower

Requirements

• Death of spouse (“insured event”)
• Bona fide marriage upon the death of the spouse
  Divorced spouses are also eligible if the deceased spouse had a legal duty to provide maintenance or was paying maintenance at the time of their death.
  If the deceased person was paying maintenance following a legal divorce without a court judgement, settlement or agreement, the divorced spouse is also eligible provided that the marriage lasted at least 10 years and there is evidence that maintenance was paid during the last year prior to the death of the deceased.
• The deceased person meets a specific minimum number of accumulated insurance months (qualifiying period)

Proven periods of schooling and study of the deceased insured person will also be taken into account for the waiting period without payment of contributions.

Deadlines

The widow’s/widower’s pension is payable from the day after the date of death of the deceased, provided that the application is submitted within six months of the death of the insured person.

If, upon expiry of the period of six months after the death of the insured person, the widow/widower is still a minor or their legal capacity is otherwise restricted, the period shall end six months after they reach the age of majority or six months after they regain legal capacity.

If the application is submitted later, the application date is also the pension commencement date.

Competent authority

The pension insurance institution responsible for determining the pension entitlement and for calculation and payment of the pension is determined based on the pension insurance (ASVG, GSVG, BSVG) applicable for the majority of the insurance months in the previous 15 years before the effective date. In so-called “migrant insurance”, the responsible pension insurance institution takes the insurance months accrued in other pension insurance schemes in the pension determination procedure.

If the deceased insured person has already drawn a pension, the pension insurance institution responsible is the one from which the pension was drawn.

Procedure

In order to draw this pension, an application must be submitted. An informal written letter is also classed as an application. The form should then be submitted afterwards.

Required documents

• Widow's/widower's pension – application form (also for use by surviving registered partners)
• Proof of income of the deceased person
• Proof of income of the widow/widower

Further information

Widow’s/widower’s pension (→ SV)^{German text}

Legal basis

• section 361 of the Allgemeines Sozialversicherungsgesetz (ASVG) (applies to all insurance providers)
• section 86 of the Allgemeines Sozialversicherungsgesetz (ASVG)
• section 55 of the Gewerbliches Sozialversicherungsgesetz (GSVG)
• section 51 of the Bauern-Sozialversicherungsgesetz (BSVG)

Link to form

Widow’s/widower’s pension – application^{German text} (also for use by surviving registered partners)

Authentication and signature

electronically: registration using ID Austria (only possible with the Austrian Pension Insurance Fund (PVA) – Information on the changeover from mobile phone signature and citizen cards to ID Austria^{German text}.
in writing: informal letter (form to be submitted later)
in person: in this case, you should take with you the necessary documents, such as your birth certificate, birth certificates for your children, your residence registration form, your marriage certificate, where appropriate, and an identity document.

Means of redress or appeal

The insurance institution will make a decision on the pension application in an official notification. A complaint may be lodged with the competent Labour and Social Court within three months of delivery of the official notification.

Assistance and problem-solving services

Ombudsman service for the competent pension insurance institution