Beneficiaries
Children of the deceased who were under 21 years of age as well as those who were incapacitated for any work prior to the attainment of that age or the date of death of the deceased shall be entitled to an orphan ' s pension.
In cases of absolute orphanhood resulting from the death of both parents, the beneficiary shall be entitled to an increase in the regulatory basis as determined by the regulations. It should be noted, however, that the precept is still awaiting such regulatory development.
In the event that the orphan does not perform a lucrative work for an employed or self-employed person or when doing so, or receiving any other income, income or benefits to replace the wage, the income he obtains in annual calculation is less than the amount of the minimum interprofessional wage that is fixed at any time, also in annual calculation, he may be a beneficiary of the orphan ' s pension provided that, at the date of the death of the deceased, he was under 25 years of age. In this case, the pension will be extinguished when the holder reaches the age of 25, unless he/she is studying, the receipt of the orphan ' s pension being maintained in these cases until the first day of the month following the start of the next academic year.
The adoption of an orphan ' s pension by the beneficiary shall result in the termination of the orphan ' s pension, with effect from the first day of the month following the date of the court decision establishing the adoption.
Calculation of the pension
The amount of the orphan ' s pension is 25 per 100 of the regulatory basis, in the event that there is only a child entitled to a pension.
It will be 10 per 100 of the regulatory basis for each orphan, provided that there are several children entitled to a pension. In this case, the resulting pensions are increased by a single 15 per 100 of the regulatory base which will be distributed equally among all of them.
The calculation percentages given are 12.50 per 100, 5 per 100 and 7.5 per 100, respectively, in the event that the staff member has died as a result of or after being declared unfit for service and that the corresponding extraordinary pension has been indicated in his favour.
• Perception limit
The combined amount of orphan ' s pensions may under no circumstances exceed 50 per 100 or 100 per 100 of the regulatory basis, depending on whether or not it exists, respectively - with the right to a pension - the widowed spouse, ex-spouse or de facto partner of the deceased.
The percentages indicated may not exceed 25 per 100 or 50 per 100, respectively, in the event that the staff member died after being declared unfit for service or as a result of his service and the extraordinary pension was indicated in his favour.