# Regulation No 31 (EEC), 11 (EAEC), laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Economic Community and the European Atomic Energy Community, Article 79


The surviving spouse of an official or of a former official shall be entitled in the manner provided in chapter 4 of Annex VIII to a survivor's pension equal to 60 % of the retirement or disability pension which was paid to the deceased, or which, irrespective of length of service or of age, would have been payable to him if he had qualified for it at the time of his death.
The amount of the survivor's pension payable to the surviving spouse of an official who has died while in one of the administrative statuses specified in Article 35, with the exception of leave on personal grounds for the period during which, pursuant to Article 40 (3), no pension rights have been acquired, shall be neither less than the minimum subsistence rate nor less than 35 % of the last basic salary received by the official.
This amount shall not be less than 42 % of the final basic salary received by the official where death is due to one of the circumstances set out in the fifth paragraph of Article 78.

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Source: https://www.legislation.gov.uk/eur/1962/31/article/79 (the official version)
Page: https://openlegislation.uk/eu-regulation-1962-31/article-79
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.