Partner Pension for Cohabiting Partners in Rotterdam
Partner Pension for Cohabiting Partners in Rotterdam is an important scheme that allows a cohabiting partner to claim a share of the other's old-age or survivor's pension. Unlike married couples and registered partners, who are often automatically protected, Rotterdam residents must arrange this explicitly themselves. This article provides guidance for Rotterdam residents, including local resources such as the Juridisch Loket Rotterdam and the Municipality of Rotterdam.
What is Partner Pension for Rotterdam Residents?
Partner pension provides a benefit from an employee's pension scheme to their partner upon retirement (old-age pension) or death (survivor's pension). It prevents financial hardship for the surviving partner. For cohabiting partners in Rotterdam, there is no automatic entitlement: pension funds only recognize partners who meet their strict criteria, such as proof of a long-term relationship. This depends on the fund's rules but typically includes evidence of a shared household.
Legal Basis for Partner Pension in Rotterdam
The scheme is based on the Pensions Act and Book 1 of the Civil Code for family law. Article 1:28 CC defines cohabitation as a durable joint household without marriage or partnership. In Rotterdam, the Municipality of Rotterdam verifies this via the Personal Records Database (BRP).
Pension funds apply their own rules from collective labour agreements or employment terms. Under the Pension Equalisation upon Divorce Act (2008) and changes to the Pensions Act (2023), they must provide equivalent partner pension to married couples and cohabitees if conditions are met. Commonly required:
- At least 6 months registered at the same address with the Municipality of Rotterdam.
- Notarial cohabitation agreement including maintenance obligations.
- Proof of a durable relationship.
Without this, only state old-age pension (AOW) is available, with no partner benefit for cohabitees. Contact the Juridisch Loket Rotterdam for free advice.
Differences Between Married Couples, Registered Partners, and Cohabitees in Rotterdam
| Category | Automatic Partner Pension? | Requirements in Rotterdam | Legal Basis |
|---|---|---|---|
| Married Couples | Yes | Marriage registered in BRP Municipality of Rotterdam | Art. 1:28 CC |
| Registered Partnership | Yes | Registration with Municipality of Rotterdam | Art. 1:80 CC |
| Cohabitees | No | Notarial agreement + BRP address proof | Pension rules + CC 1:28 |
This table shows why Rotterdam residents need to take action. See also Cohabitation Agreement and Pension upon Divorce.
Step-by-Step Guide for Partner Pension as a Rotterdam Cohabitee
Follow these steps:
- Enter into a notarial cohabitation agreement: Formalize the relationship with a Rotterdam notary. Costs: €300-€600. Register with the Rotterdam District Court if required.
- Review the pension rules: Ask your employer or fund (e.g., ABP for municipal employees) about the partner definition.
- Submit partner declaration: Annually or upon changes, including the agreement and BRP extract from the Municipality of Rotterdam.
- Secure private pensions: Designate as beneficiary for annuities or savings accounts.
The Future Pensions Act (2023) slightly relaxes requirements, but notarial documentation remains essential.
Rights and Obligations Regarding Partner Pension
Rights:
- Survivor's pension (often 70% of accrued pensions).
- Interim pension upon death in service.
- Retroactive effect up to 6 months.
Obligations:
- Proactively notify the fund.
- Upon separation: equalize via agreement, possibly via Rotterdam District Court.
- Pension is taxable in your tax return.
Real-Life Cases from Rotterdam
Case 1: Anna and Bob from Rotterdam-South lived together for 5 years without an agreement. After Bob's death, Anna receives nothing; she misses €20,000 per year.
Case 2: Carla and David from Charlois have had a notarial deed since 2020. David works at a port company with ABP. Carla receives 60% survivor's pension for her rent.
Case 3: Upon retirement: married couples share 50/50 automatically; cohabitees must arrange contractually.
Frequently Asked Questions for Rotterdam Residents
Do I get partner pension automatically as a cohabitee in Rotterdam?
No, unlike married couples. You need a notarial cohabitation agreement plus fund conditions. Check with Juridisch Loket Rotterdam.
What if no notary?
No partner status: only AOW for singles. Arrange it now via Municipality of Rotterdam.
Does it apply upon separation?
Not for survivor's pension, but for old-age pension if contractually equalized, like in divorce via Rotterdam District Court.
How do I check my pension?
On mijnpensioenoverzicht.nl with DigiD. For local advice: Juridisch Loket Rotterdam.
Tips Specific to Rotterdam
- Check annually: Funds update rules; renew your declaration.
- Link to will: Partner pension is limited; bequeath to survivor.
- Seek advice: Use fund tools or visit Juridisch Loket Rotterdam.
- With children: Partner pension takes precedence; amend will via local notary.