{
  "url": "https://openlegislation.uk/eu-regulation-1962-31/article-80",
  "json_url": "https://openlegislation.uk/eu-regulation-1962-31/article-80.json",
  "legislation": "eur/1962/31",
  "legislation_title": "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",
  "legislation_url": "https://openlegislation.uk/eu-regulation-1962-31",
  "path": "article/80",
  "kind": "article",
  "number": "80",
  "heading": null,
  "text": "Where an official or person entitled to a retirement pension or invalidity allowance dies leaving no spouse entitled to a survivor's pension, the children dependent on the deceased within the meaning of Article 2 of Annex VII at the time of his death shall be entitled to orphans' pension in accordance with Article 21 of Annex VIII.\nThe same pension entitlement shall apply to children who fulfill the above conditions in the event of the death or remarriage of the spouse in receipt of a survivor's pension.\nWhere an official or person entitled to a retirement pension or invalidity allowance dies but the conditions set out in the first paragraph are not satisfied, the dependent children within the meaning of Article 2 of Annex VII shall be entitled to orphan's pension in accordance with Article 21 of Annex VIII; the pension shall, however, be equal to half the pension calculated in accordance with that Article.\nFor persons treated as dependent children within the meaning of Article 2(4) of Annex VII, the orphan's pension may not exceed an amount equal to twice the dependent child allowance.\nWhere a child has been adopted, the death of the natural parent who has been replaced by the adoptive parent shall not give rise to payment of an orphan's pension.\nEntitlement as provided for in the first, second and third paragraphs shall apply in the event of the death of a former official entitled to an allowance under Article 50 of the Staff Regulations, Article 5 of Council Regulation (EEC, Euratom, ECSC) No 259/68, Article 3 of Council Regulation (Euratom, ECSC, EEC) No 2530/72 or Article 3 of Council Regulation (ECSC, EEC Euratom) No 1543/73 and in the event of the death of a former official who left the service before reaching pensionable age and requested that his retirement pension be deferred until the first day of the calendar month following that in which he reached pensionable age.\nPersons in receipt of an orphan's pension may not receive more than one such pension from the Union. Where a surviving child has entitlement to more than one Union pension, he shall receive the pension providing the higher or highest amount.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Substituted by Council Regulation (EC, Euratom) No 723/2004 of 22 March 2004 amending the Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants of the European Communities."
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Substituted by Council Regulation (ECSC, EEC, Euratom) No 2799/85 of 27 September 1985 amending the Staff Regulations of officials and the conditions of employment of other servants of the European Communities."
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Inserted by Regulation (Euratom, ECSC, EEC) No 1473/72 of the Council of 30 June 1972 amending Regulation (EEC, Euratom, ECSC) No 259/68 laying down the Staff Regulations of officials and the Conditions of Employment of other servants of the European Communities."
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Inserted by Council Regulation (EC, Euratom) No 723/2004 of 22 March 2004 amending the Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants of the European Communities."
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Substituted by Regulation (EU, Euratom) No 1023/2013 of the European Parliament and of the Council of 22 October 2013 amending the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union."
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Substituted by Regulation (EU, Euratom) No 1080/2010 of the European Parliament and of the Council of 24 November 2010 amending the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of those Communities."
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "Council Regulation (EEC, Euratom, ECSC) No 259/68 of 29 February 1968 laying down the Staff Regulations and the Conditions of Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission ( OJ L 56, 4.3.1968, p. 1 )."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Council Regulation (Euratom, ECSC, EEC) No 2530/72 of 4 December 1972 introducing special and temporary measures applicable to the recruitment of officials of the European Communities in consequences of the accession of new Member States, and for the termination of service of officials of those Communities ( OJ L 272, 5.12.1972, p. 1 )."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Council Regulation (ECSC, EEC Euratom) No 1543/73 of 4 June 1973 introducing special measures temporarily applicable to officials of the European Communities paid from research and investment funds ( OJ L 155, 11.6.1973, p. 1 )."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/1962/31/article/80",
    "retrieved_at": "2026-11-01T15:12:00.570864+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}