TN 2 (05-11)

GN 01733.020 Luxembourg Social Security Benefits Eligibility Requirements

   

This section describes old age (retirement), invalidity (disability), and survivors pension insurance benefits. They are the only Luxembourg benefits included within the scope of the agreement.

A. Eligibility requirements for the worker

1. Retirement benefits

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

  • Age 60, with 40 years of coverage including compulsory, voluntary, and certain types of noncontributory periods (e.g., periods of education, child rearing, etc.).

  • Age 57, with 40 years of compulsory contributions.

2. Disability benefits

  • Under age 65 AND

  • Disability prevents work in the last occupation or another occupation corresponding to his or her education and skills AND

  • There are 12 months of contributions in the 3-year period immediately before the onset of disability. Luxembourg waives the 12-month requirement if working in covered employment at the time of disability onset and the disability is due to an accident or occupational disease.

B. Eligibility for dependents of retired or disabled workers

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

C. Eligibility for survivors of retired or disabled workers

The deceased worker must have had 12 months of contributions (coverage) in the 3 years before death; or died from an accident or occupational disease; or receiving a retirement (pensioner) or disability benefit. The survivor must meet the following eligibility requirements for Luxembourg survivor benefits.

1. Widow(er) or the surviving domestic partner must:

  • be the surviving spouse; or,

  • be the surviving domestic partner within the meaning of the Luxembourg law enacted July 9, 2004 concerning certain partnerships; and,

  • not remarried.

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

2. Additional requirements

Survivors of retired or disabled workers are eligible if:

  1. 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 (if the deceased was working insured employment), and

  2. the deceased worker did not receive an old age (retirement) or disability (invalidity) pension at the time of marriage, unless an exclusion below applies:

    • the death of the worker is accidental; or,

    • a child is born of the marriage or domestic partnership; or,

    • the marriage or 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 partnership lasted at least 10 years.

D. Surviving Divorced widow(er) or separated partner

A surviving divorced spouse or surviving separated declared partner must meet the same requirements as a surviving spouse or surviving domestic partner. He or she 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

  • Orphans under age 18, or age 27 if a full-time student or in vocational training; or

  • Any age if disabled before age 18.

F. Other persons treated as the surviving spouse

When a worker, insured for an old age (retirement) or disability (invalidity) pension, dies without leaving a surviving partner or spouse, entitlement to survivor’s benefits are sometimes payable to the deceased worker’s dependent parents or other eligible close relatives. Some of the other persons who could be paid survivors benefits are a child, grandchild, parent, or spouse of such person. In addition, Luxembourg may pay siblings and adopted children if they meet eligibility requirements. The eligible relatives must have live