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"My husband died in April. Having stopped working early, I perceive a small retreat. For the review of my survivor pension, a CNAV counselor told me on the phone that only my income was taken into account. But I have just received a letter: after examination of my file, the reversion paid by the supplementary pension funds of my husband exceeds the ceilings and, consequently, I will not receive a reversionary pension from CNAV. What the law says ? " Jacqueline, The Raincy (Seine-Saint-Denis).
The answer of Rémy Gautier, production manager of Maximis and Simul-retraite.fr.
"To obtain a reversionary pension from the CNAV, there is indeed a ceiling of resources not to be exceeded. The income of the applicant for this reversion must not exceed € 20,550 gross per year. The CNAV looks, on the one hand, the income of the person who makes the request, and, on the other hand, his personal, movable or immovable property: acquired before the marriage, or after if the spouses were under the regime of the separation, or inheritance, excluding the principal residence. Cnav considers that the value of these goods generates a theoretical income of 3% per year.
On the other hand, in accordance with Article R 353-1 of the Social Security Code, supplementary survivor pensions do not enter into the calculation of the Cnav resource ceiling.
In this case, it must therefore be determined whether Jacqueline has resources other than her retirement. If this is not the case, it has a period of 2 months from the receipt of the notification of rejection to submit an appeal to the CNAV Amended Appeal Commission, by registered letter with acknowledgment of receipt. (CA). "
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