Marshall Islands Social Security Administration

Survivor

For surviving spouse eligibility

  • The Claimant must have been the spouse, the person to whom the Wage Earner was legally or customarily married* at the time of his death of the Wage Earner at the time of his death;
  • The deceased Wage Earner must have been fully or currently insured at the time of his death; and
  • The Claimant must have filed an application for Surviving Spouse Benefits.

For surviving child/children eligibility

  • The Claimant must have been the child** of the Wage Earner at the time of his death;
  • The Claimant must have been dependent upon the Wage Earner at the time of his death;
  • The deceased Wage Earner must have been fully or currently insured at the time of his death; andAn application for Surviving Child Benefits must have been filed with respect to the Claimant.

Submit completed Application for Survivor Insurance Benefits (Form MISSA-200), together with the following documents:

  • Death certificate of the deceased worker
  • Government issued ID (i.e. valid passport, driver’s license, national I.D.)
  • Bank detail information form – to be completed and signed by bank representative
  • Marriage Certificate (proof of marriage) if claimant is married to the deceased worker
  • Birth certificates of surviving children
  • School certificates if surviving child(ren) is/are student(s) over age 18 but below age 22

* A marriage between the Claimant and the Wage Earner that must have been performed and solemnized in accordance with 26 MIRC 4 Section 429,or the statutes of the jurisdiction of the Wage Earner at the time of their marriage. A certified copy of the public or church record or the original marriage certificate may prove a legal marriage.

** A child is the Wage Earner’s natural, legally adopted, customarily adopted, or step child; provided the Wage Earner’s parental rights with respect to the child have not been terminated. A customary adoption must be confirmed by the High Court of the Republic of the Marshall Islands.

A natural or legally adopted child is presumed dependent upon the parent, absent evidence to the contrary.


A customarily adopted child or a stepchild is dependent upon the parent only if at the time of the parent’s death the child had lived in the parent’s home continuously for one year and, during that time, the parent was contributing at least one-half (1/2) of the child’s support.
Commencement of Surviving Spouse/Child Benefits

A Claimant for Surviving Spouse/Child Benefits becomes entitled to such benefits beginning with the month of the death of the Wage Earner; provided, however, the maximum period for which such benefits shall be paid retroactively before the date of the application is 18 months for claims filed prior to September 30, 1992, 12 months for claims filed on or after October 1, 1992.

Amount of Benefits
For Spouse. The monthly Surviving Spouse Benefit shall be 100% of the Basic Benefit; provided, however, the total monthly survivor’s insurance benefits payable to both the Surviving Spouse and the Surviving Children shall neither exceed the Basic Benefit applicable to the deceased Wage Earner nor be less than $128.99; and where more than one person is entitled to survivor’s benefits, the payments shall be made to all such beneficiaries proportionately to the percentage of the Basic Benefit due them.
 

For Child. Subject to the other paragraphs of this Article, the monthly Surviving Child Benefit shall be 25% of the Basic Benefit; provided, however, the total monthly survivor’s insurance benefits payable to both the Surviving Spouse and the Surviving Children shall neither exceed the Basic Benefit applicable to the deceased Wage Earner nor be less than $128.99; and where more than one person is entitled to survivor’s benefits, the payments shall be made to all such beneficiaries proportionately to the percentage of Basic Benefit due them.

Reduction of Surviving Spouse Benefits Based Upon Subsequent Earnings

Pursuant to Section 144 of the Social Security Act (the Act) found at 49 MIRC 144, recipients of surviving spouse benefits who are under 65 and are working, the benefit amount shall be reduced by $1.00 for every $3.00 earned in a quarter in excess of $1,500. The adjustment in benefits will be applied as soon as practicable following the quarter in which the earnings were made and reported. No adjustment is made for claimants who have attained the age of 65 years for those who became eligible on or after March 6, 2017, and 62 years for those who became eligible prior to March 6, 2017.

Illustration:

If a surviving spouse continues to work and earns a total of $7,000 in a quarter, while receiving Surviving spouse Benefit of $700.00 per month, the benefit will be reduced during the three- month period, beginning with the first month after the quarter in which the earnings were made and reported.

The ET and Net Benefit are calculated as follows:

It is important to note that the calculation of Earnings Test prior to March 6, 2017 is based on the maximum gross tax able wages (GTW) per quarter of $5,000 and ET was applied until age 62. When the new MISSA law was passed on March 6, 2017, the maximum GTW per quarter was increased to $10,000 and ET is applied until age 65

Suspension of Surviving Spouse/Child Benefits
If the Claimant is not a citizen or national of the Marshall Islands, his Surviving Spouse/Child Benefits will be suspended for any month after the sixth consecutive month during which the Claimant is outside the Marshall Islands.
 
Paragraph 7.a. of this article does not apply to any Claimant who is a citizen or national of the Federated States of Micronesia, the Republic of Palau, or the United States of America, if the Federated States of Micronesia, the Republic of Palau, and the United States of America, respectively, extend periodic benefits on account of survival to citizens and nationals of the Marshall Islands who are not citizens of the subject country, who qualify for such benefits, and who are permitted to receive such benefits outside the country without regard to the duration of the absence.
Evidence of Continued Entitlement
The Administrator may, at any time, require a Claimant to provide evidence to the satisfaction of the Administration of his entitlement to the Surviving Spouse/Child Benefit.
 

If the evidence required under Paragraph 8.a. of this Article is not produced within the time fixed by the Administrator, he may suspend payment of the benefit until such time the required evidence is produced.

Termination of Benefits
For Spouse. Surviving Spouse Benefits are terminated the month before the month of the death or remarriage of the surviving spouse, whichever occurs first.time the required evidence is produced.
 

For Child. Surviving Child Benefits terminate the month before the month of the occurrence of any of the following events:

  • The death of the Claimant;
  • The marriage of the Claimant;
  • The attainment of the age of 18 years by the Claimant, except that the Claimant shall be entitled to Surviving Child Benefits until he attains the age of 22 if he is a bona fide student. If the Claimant became disabled before attaining the age of 22, he shall be entitled to Surviving Child Benefits until his recovery or his death;
  • The adoption of a Claimant by another parent, except for adoption subsequent to the death of the Wage Earner by an aunt, uncle, stepparent, or grandparent; and
  • The assumption of custody of or support for the Claimant by a natural parent, where the Claimant receives Surviving Child Benefits as a result of a customary adoption.

A bona fide student is a person who is enrolled at an educational institution licensed by the jurisdiction in which the institution is located and attends the institution on what the institution defines as a “full-time” basis. A student who is full-time for any part of a month is considered full-time for the entire month.

To evidence his status as a bona fide student, a Claimant shall have the educational institution complete and send to the Administration a certification of attendance. The certificate should include the following:

  • Name and address of the educational institution;
  • Name of the student; and
  • Date(s) of attendance as a full-time student
PROVISIONS FOR DOCUMENTS

Documentary Evidences

A photocopy of an original document may be accepted. However, it must be submitted with the original document so that it can be examined for authenticity and exactness.
 

If the copies are authentic and clear of any irregularities, the photocopy should be rubber-stamped with the following statement and signed by the Social Security Representative:

  • The original document of which this is a photocopy appears to be genuine and unaltered and to have been made at the time purported. This photocopy consists of ____ pages.
  • Signed: ________________________ 
    S.S. Representative
OTHER NOTES: SURVIVING SPOUSES

Marriage Types

There are three types of marriage: (1) ceremonial marriage, (2) common-law marriage, and (3) customary marriage.

Primary proof:

  • Certified copy of a public record
  • Certified copy of a church record
  • Original marriage certificate

Secondary proof:

Before considering secondary proof, a complete explanation should be made as to why primary evidence is not available.

  • Signed statement from official who performed the marriage ceremony
  • Statements from witnesses
  • Newspaper article on wedding

Legal Spouse (Remarriage) without Divorce:

In the case of a Wage Earner who has a legal spouse andlater marries another person and subsequently dies, only the legal spouse shall be entitled to benefits, since the laws do not permit multiple marriages. One relationship must terminate before a new legal relationship begins.

Termination of Marriage

A marriage can terminated by divorce, annulment, or death of either party.

Definition

 

A final divorce is one that ends a legal marriage relationship.

Proof of Divorce
Preferred evidence for obtaining proof of divorce would include a decree from a governing official or custodian of divorce records or a recognized official of customary law.

Evidence Required Where Two Persons Claim as Worker’s Surviving Spouse
When two persons claim that each is the lawful spouse of a Wage Earner, the basic fact to ascertain is whether a divorce terminated the first marriage, or whether the first marriage was actually valid. Both legal and customary laws of the Wage Earner’s domicile at the time of death is important in determining this fact. Both claimants must submit as much information as possible in determining the validity of either marriage. If necessary, obtain Court determination to avoidfuture disputes.

Evidence That Former Marriage Terminated
The spouse of the Wage Earner’s most recent marriage should submit:

  • Official evidence that previous marriage ended by divorce, annulment or death of former spouse.
  • A detailed statement taken from the latest spouse and friends explaining when, where, and how the former marriage terminated.

Former Spouse Claims Marriage Still Valid:
If the Wage Earner has remarried, the former spouse maintains that their marriage never terminated, submits the following:

  • Brief history of marriage;
  • How long did they live together?
  • Number of children born during the marriage.
  • Any lengthy periods of separation?
  • Why the marriage did not terminate by divorce?
  • Was the spouse informed about any divorce proceedings?
  • Where did the Wage Earner live from time of separation to the time of his death (and the dates thereof)?
OTHER NOTES: SURVIVING CHILD

On Adoption and Stepchildren

Benefits of surviving children, whether adopted or is a stepchild, can be made based on a Wage Earner who was either fully or currently insured at the time of death.

Child Dependency
A child who is either legitimate or legally adopted is always considered dependent on the parent. A child who is either a stepchild, customarily adopted, or one born out of wedlock is dependent on the parent if:

  • The child lived with the parent; and
  • The parent contributed to at least one-half of the child’s support.

Other Qualifying Conditions Supporting the Relationship of a Child to the Parent:

  • Decree by the Court that the wage earner is the child’s parent.
  • The wage earner was ordered by the Court to contribute to the child’s support because the child is his child.
  • Wage earner acknowledged in writing that the child is his child – e.g. for a payroll allotment or insurance policy.

Legal Adoption – Before Death
Any child legally adopted by the wage earner prior to his death is deemed dependent on the adopting parent.

Legal Adoption – After Death
A child legally adopted after the death of the Wage Earner is deemed dependent on the Wage Earner if adoption proceedings had been initiated prior to the Wage Earner’s death.

A Child Legally or Customarily Adopted by the Surviving Spouse of a Wage Earner After the Death of a Wage Earner:
A child legally adopted by the surviving spouse after the death of a Wage Earner is considered a legally adopted child of the Wage Earner if:

  • The child was living with the Wage Earner at the time of his death; and
  • At the time of the Wage Earner’s death, the child was not receiving regular and substantial support from someone other than the Wage Earner or the spouse.