LAW OF THE REPUBLIC OF MOLDOVA

of December 5, 2019 No. 156

About provision of benefit in case of the death of one of spouses

The Parliament adopts this organic law.

Article 1. Provision of entitlement to benefit in case of the death of one of spouses

(1) in case of the death of one of spouses who received old-age pension less than five years after establishment of pension entitlement according to the Law on the public pension system No. 156/1998, to the surviving spouse the monthly allowance is provided.

(2) the Size of benefit is established in the amount of the old-age pension paid on the date of the death of the receiver of pension, but cannot exceed in the amount of five average monthly salaries predicted on economy for year in which there came the death of this person.

(3) the Benefit is paid monthly during the period calculated according to formula:

T = 5-r, where:

T – the period during which the surviving spouse has the right to receive benefit;

p – the period for which the died spouse received old-age pension.

(4) the Benefit is paid if on the date of approach of death of the receiver of pension the surviving spouse was married to it at least 15 years. The benefit is provided irrespective of whether the surviving spouse is receiver of pension in the public pension system if the pension paid to the surviving spouse, or the insured monthly income realized by it in month of death of the spouse does not exceed in time 1,5 subsistence minimum for pensioners according to the data which are available for National bureau of statistics at the time of benefit request.

(5) the Right to benefit can be demanded by the surviving spouse within three years from the date of approach of death of the spouse.

Article 2. Request for purpose of benefit

(1) the Application for purpose of benefit is submitted by personally surviving spouse to territorial authority of social insurance at the place of residence with production of documents, confirming entitlement to benefit.

(2) the Procedure for the request for benefit is established by the Government.

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