Effective Dates: 02/08/2023 - Present Previous | Next

TN 7 (02-23)

GN 01733.020 Luxembourg Social Security Benefits - Eligibility Requirements

Although Luxembourg pays many different categories of benefits, this section describes only the retirement, survivors, and disability benefits. These are the only Luxembourg benefits included within the scope of the Agreement.

A. Eligibility requirements for the workers

1. Retirement benefits

To qualify for Luxembourg's retirement benefits, the applicant must be:

  • •

    Age 65, with at least 10 years of compulsory or voluntary contributions; or

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    Age 60, with 40 years of coverage, including at least 10 years of compulsory, voluntary, or certain types of noncontributory periods (e.g., periods of education, child rearing, etc.); or

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    Age 57, with 40 years of compulsory contributions.

    NOTE: The old-age (retirement) pension is payable abroad.

2. Disability benefits

To qualify for Luxembourg's disability benefits, the applicant must:

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    Be under age 65; and

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    Have a disability that prevents work in the last occupation or another occupation corresponding to their education and skills; and

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    Contribute 12 months of the 3-year period immediately before the onset of disability.

    NOTE: Luxembourg waives the 12-month requirement if the insured is working in covered employment at the time of disability onset and the disability is due to an accident or occupational disease.

IMPORTANT: Employment may continue if the insured’s monthly earnings do not exceed one-third of the legal monthly social minimum wage. The disability pension is payable abroad.

B. Eligibility for dependents of retired or disabled workers

Luxembourg does not pay auxiliary benefits to dependents (e.g., spouses and children) of retired or disabled workers.

C. Eligibility for survivors of retired or disabled worker

The deceased worker must:

  • •

    Have 12 months of contributory coverage in the 3 years before death; or

  • •

    Died due to an accident or occupational disease; or

  • •

    Be receiving a retirement (pensioner) or disability benefit at the time of death.

The survivor must:

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    Be the surviving spouse; or

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    Be the surviving domestic partner as Luxembourg law defines this; and

  • •

    Not be remarried or in a declared domestic partnership.

    NOTE: A domestic partnership is a legal relationship available to both different and same sex couples in Luxembourg.

Additionally, survivors of retired or disabled workers are eligible if:

  • •

    The marriage or domestic partnership with the deceased worker took place at least 12 months before the deceased worker's retirement (if the deceased was a pensioner) or death; and

  • •

    The deceased worker was not receiving a retirement or disability pension at the time of marriage, unless an exclusion below applies:

    • –

      The death of the worker is accidental; or

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      A child is born of the marriage or domestic partnership; or

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      The marriage or domestic partnership lasted more than a year, and the difference between the spouses' or domestic partners' ages is less than 15 years; or

    • –

      The marriage or domestic partnership lasted at least 10 years.

D. Surviving divorced widow(er) or separated domestic partner

A surviving divorced spouse or surviving separated declared domestic partner must meet the same requirements as a surviving spouse or surviving domestic partner. They cannot have remarried or entered into a new domestic partnership before the worker’s death. The benefit amount is proportional to the length of the marriage or domestic partnership.

NOTE: Luxembourg stops paying survivor benefits to surviving spouses, surviving domestic partners, and to persons treated as surviving spouses (see GN 01733.020F) the month following the month of remarriage or new domestic partnership.

E. Children who are eligible for survivors benefits

A child of a deceased worker is eligible for survivors benefits if they are:

  • •

    An orphan who is under age 18; or

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    Up to age 27 if a full-time student or in vocational training; or

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    Any age if disabled before age 18.

F. Other persons treated as the surviving spouse

When a worker insured for a retirement or disability pension dies without leaving a spouse or surviving domestic partner, survivor’s benefits are sometimes payable to the deceased worker’s dependent parents or other eligible close relatives.

Subject to some requirements, Luxembourg can pay survivors benefits to the following relative of a deceased worker:

  • •

    Child; or

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    Grandchild; or

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    Parent; or

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    Spouse of a child, grandchild, parent; or

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    Siblings; or

  • •

    Adopted children.

The eligible relatives must have lived with the deceased worker for at least 5 years before the date of death and be over 40 years old.

G. Funeral grant

Luxembourg pays a lump sum for a pensioner (a person receiving a pension), covered worker, or family member. Luxembourg bases the amount on the highest of a set percentage of the deceased’s annual earnings or the minimum wage at the time of death.

H. Obtaining additional information about Luxembourg benefits

Advise inquirers that SSA cannot give official information about Luxembourg benefits.

Individuals who wish to contact Luxembourg by mail should use the following address:

Caisse Nationale d’Assurance Pension (CNAP)

1a, boulevard Prince Henri

L-2096 Luxembourg

LUXEMBOURG

Telephone: +352-224141-1 Fax: +352-224141-6443

 

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0201733020
GN 01733.020 - Luxembourg Social Security Benefits - Eligibility Requirements - 02/08/2023
Batch run: 02/08/2023
Rev:02/08/2023