BUAK

Legal heirs / Surviving dependants

If an employee dies, it must be determined whether there were any claims vis-à-vis the Construction Workers’ Annual Leave and Severance Pay Fund [Bauarbeiter-Urlaubs- und Abfertigungskasse] (BUAK).
 
The heirs are entitled to compensation,  severance pay and winter holiday compensation if the requirements are fulfilled in each of the relevant areas.
 
Compensation
 
In the case of death, the entitlement to compensation is transferred to the surviving dependants. This means that the compensation does NOT become part of the estate.
 
To make payments, we require:
  • Probate ruling or 
  • Certificate of inheritance
If nothing is left to surviving dependants due to lack of assets, then we require:
  • Notification of any persons entitled to inheritance
If minors are entitled to benefits and the amount due to the minor exceeds EUR 10,000, payments pursuant to § 234 ABGB can only be made via authorisation through a guardianship court (guardianship ruling). The relevant documentation must be sent to BUAK.
 
Compensation (in case of death during an ongoing employment contract)
 
If the employment contract is dissolved by the employee’s death, the compensation is due to the surviving dependant spouse/partner and to the children (including adoptive, foster and step-children), even in the case of adult children. If no such persons exist,  the severance pay entitlement does not become part of the estate.
 
To make payments, we require:
  • Death certificate
  • Proof of income for the deceased 
  • Proof of income for the dependant(s) 
  • Confirmation of the family allowance for the dependant(s) 
  • Application for severance pay in case of death
 
The application must be submitted to BUAK.
 
After the application (separate application form) and the required documentation have been received, the Legal department performs a review. If the result of the review is positive, the benefit is paid.
 
The conditions with regard to minors are similar to those for compensation.
 
Severance pay (after termination of employment contract)
 
If the employment contract ended before the employee’s death, the entitlement to severance pay is transferred to the surviving dependants and becomes part of the estate. 
 
 
Therefore, we require:

A legally binding ruling that specifies to whom the severance payment is to be transferred.

Application for severance pay

The conditions with regard to minors are similar to those for compensation.
 
Winter holidays
  • If the employee dies during the holidays, there is an alternative entitlement to winter holiday compensation including the day of death.
  • If the employee dies after the holidays, there is an alternative entitlement for all winter holidays.
  • If there is an entitlement to compensation, it is automatically transferred to the alternative winter holiday compensation when the compensation is settled.
Otherwise, we require the following to make payments: 
Probate ruling or certificate of inheritance
If nothing is left to surviving dependants due to lack of assets, then we require: 
Notification of any persons entitled to inheritance
 
Interim supplement paid to unemployed construction workers prior to retirement
The interim supplement is stopped in the event of the employee’s death.
 
Interim settlement in case of death
 
The interim settlement entitlement is upheld upon the death of an employee who had continued to work under an employment contract subject to BUAG despite being entitled to an interim supplement.
In this case, the partially earned entitlement corresponding to the period of employment is paid. The heirs or the employer must apply to BUAK for this entitlement.
 

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Contact

BUAK - Bauarbeiter-Urlaubs- und Abfertigungskasse
Kliebergasse 1a, 1050 Vienna

0579 579 5000
0579 579 95 0 99

kundendienst@buak.at

Mon to Thu 7.15 am to 4.00 pm
Fri 7.00 am to 1.00 pm