According to the Social Security Benefits Law, number 8.213/91, when we talk about those who are entitled to a death pension and the benefit is paid by the INSS, they can remarry. Since the legislation guarantees the right to remarriage for those contemplated.
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However, military and public servants, in certain cases, when remarrying or even having a stable union can lead to the cancellation of the benefit. However, it will depend on the rules of the body that pays the pension.
the death pension
This is a financial aid to guarantee income to the spouse after the taxpayer's death. Thus, to be entitled to receipt, the insured person should be up to date with the INSS or receiving some other social security benefit.
However, if a new partner dies, the pensioner will not be authorized to receive two death pensions if they are paid by the same General Social Security System (RGPS). Therefore, it will be necessary to choose the pension that you want to continue receiving.
In addition, there is the possibility of receiving the death pension together with retirement. However, only in cases where the spouse is working and is a contributor to the INSS.
But, after all, for how long is it possible to be a beneficiary of the death pension?
The answer to that question will depend on the age of the deceased partner. Since the benefit can even be lifetime. Check out the rules below:
- Under 21 years: 3 years;
- 21 and 26 years: 6 years;
- 27 and 29 years: 10 years;
- 30 and 40 years: 15 years;
- 41 and 43 years: 20 years;
- From 44 years old: Lifetime.
Therefore, with changes in legislation, it is possible that the spouse remarries or has a stable union and do not lose the right to a death pension under the General Social Security System (RGPS).
