Procedures and Services

Death pension

Requirements and family members entitled to a pension

The death of the worker or the presumption of her death by disappearance, in accordance with the legally established procedures, gives her family the right to a pension in the following cases:

    a) if he was linked to work;
    b) if he was pensioned by age or disability;
    c) if their separation occurred in the six months prior to their death or disappearance; and
    d) if, before leaving the job, he met the requirements for an age pension and had not exercised the right.

In the cases of the person disappeared when a disaster, public calamity, accident or military operation occurs, the relatives with the right to the pension due to death, are immediately and provisionally guaranteed the pension, without the period having elapsed. established by the Civil Code to declare the presumption of death.

Pursuant to Law No. 105, "On Social Security", the following are considered family members with the right to a pension:

    a) the widow who participated in or depended on the economic nucleus of the family nucleus of the deceased, provided that the marriage was not less than one year old or any time if there are common children or the deceased's death originates from a common accident or of work;
    b) the judicially recognized widow of marriage who participated in or depended on the economic system of the family nucleus of the deceased, provided that the marriage was not less than one year old, or any time if there were common children or death originated by common or work accident;

If the widow is under 40 years of age and does not have the status of a regular worker, being fit for work and without children to attend to or parents who require permanent care because they cannot fend for themselves, she is entitled to the pension until the term of two years, during which you must manage your employment relationship.

    c) the widower of a formally or legally recognized marriage, 65 years of age or older, or incapacitated for work, who participated in or depended on the economic regime of the family nucleus of the deceased, provided that the marriage was not less than one year old. constituted or any time if there are common children or the death originates from a common or work accident;
    d) children under 17 years of age;
    e) children over 17 years of age, who are incapacitated for work, at the time of the deceased's death or when they arrive at 17 years of age, and are economically dependent on the deceased; and
    f) the mother and father, including adoptive parents, provided they lack means of subsistence and depend economically on the deceased. ARTICLE 73.-Orphans of both parents who are studying in the regular daytime courses of higher education and vocational technical education, the pension is maintained after the age of 17 and until they finish their studies or cause drop from them.

Orphans of both parents, over 17 years of age, who are not linked to work and are studying in the regular daytime  courses of higher education and vocational technical education at the time of the deceased's death, are awarded the pension until they finish their studies or cause loss of them.

Pension by age

Requirements to be entitled to the pension by age

The age pension is classified as ordinary and extraordinary, in accordance with the requirements established in this Law for its concession.

For the purposes of setting the age to obtain the right to the ordinary pension, the jobs are classified according to the nature of their respective conditions, in the following categories:

1. Category I. Work carried out under normal conditions.
2. Category II. Work carried out under conditions in which the expenditure of physical or mental energy, or both, is of such a nature that it causes a reduction in working capacity over time, as wear and tear on the body does not correspond to that corresponding to the age of the employee.

To be entitled to the ordinary pension requires:

    For workers included in Category I:
    a) be women 60 years of age or older and men 65 years of age or older;
    b) have provided not less than 30 years of service; and
    c) be linked to the job at the time of fulfilling the requirements indicated in the preceding paragraphs.
    For workers included in Category II:
    a) be women 55 years of age or older and men 60 years of age or older;
    b) have provided not less than 30 years of service;
    c) have worked in jobs included in this Category no less than fifteen years prior to your request, or 75% of the service time required to be entitled to the pension, if at the time of requesting it you were not holding a position included in this category; and
    d) be linked to the job at the time of meeting the requirements indicated in the preceding paragraphs.

To obtain the extraordinary pension requires:

    a) be women 60 years of age or older and men 65 years of age or older;
    b) have provided not less than 20 years of service; and
    c) be linked to work when complying with the requirements indicated in the preceding paragraphs.

The worker who breaks the job can apply for the age pension at any time, if on the date of his departure he met the established requirements to obtain said pension.

Amount of pension by age

The amount of the pension by age is determined on the average salary resulting from the highest wages earned by the worker during the five calendar years, selected from the last fifteen equally natural years, prior to the application for the pension.

    The amount of the ordinary pension by age is determined in accordance with the following rules:

    a) for the first 30 years of service, 60% is applied to the average salary; and
    b) for each year of services exceeding 30, the percentage to be applied increases by 2%.

    The amount of the extraordinary pension by age is determined according to the following rules:

    a) for the first 20 years of service, 40% is applied to the average salary; and
    b) for each year of services that exceeds 20, the percentage to be applied increases by 2%.

Total disability pension

Requirements to be entitled to the total disability pension

The worker is considered to be totally invalid when the Labor Medical Expert Commission determines that he has a decrease in his physical or mental capacity or both, which prevents him from continuing to work or when the worker has a residual work capacity so markedly reduced that prevent from assiduously holding a job and sustaining yourself financially.

To be entitled to a total disability pension, the worker must be completely incapacitated for work while being linked to work.

The worker who is disengaged is entitled to the total disability pension, if it is determined that his or her disability originated before sixty days after his or her dismissal from work or that he or she was linked to work.

Amount of the total disability pension

The amount of the total disability pension is determined on the average salary resulting from the highest wages earned by the worker during five calendar years, selected from the last fifteen equally natural years, prior to the application for the pension.

In cases of total disability of common origin, the pension is granted according to the following rules:

    a) if the worker accredits up to 20 years of services, 50% of the average salary corresponds;
    b) for each year of service rendered in excess of 20, the pension is increased by 1%; and
    c) for each year of services rendered that exceeds 30, the pension is increased by 2%.

In cases of total disability caused by an accident at work or occupational disease, the appropriate pension is granted in accordance with the following regulations:

    a) if the worker accredits up to 30 years of service, 60% of the average salary corresponds;
    b) for each year of services rendered that exceeds 30, the pension is increased by 2%; and
    c) the resulting pension is increased by 10% of its amount.

When the Labor Medical Expert Commission determines that the pensioner for total disability requires the assistance of another person to carry out the essential acts of life, the amount of the pension increases by 20% of its amount.

About retirement or pension application

The ordinary pension by age is granted to the worker who is 65 years of age or older and to the worker who is 60 years of age or older, in both cases must prove at least 30 years of service.

The total disability pension corresponds when the worker is judged, by the commission of labor medical expertise, her total incapacity to work, in addition to the worker being totally incapacitated for work, being linked to work.

The administrations of the labor entities are in charge of compiling the pension file by age, total disability or by the death of a worker and to present it to the corresponding INASS subsidiary for processing.

Pension applications from people protected by special social security regimes will be dealt with, and officials of the institutions or entities that represent them will be entrusted to them. In the event of the death of a retiree or pensioner, the relative must appear at the INASS subsidiary of their municipality of residence to carry out the corresponding procedures.