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.
