Old-age insurance for farmers

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The old-age insurance for farmers is the professional pension scheme for farmers in Germany. It is considered part of the statutory pension insurance in Germany . The basis is the law on old-age provision for farmers . The responsible authorities were the agricultural pension funds until December 31, 2012 , and since January 1, 2013 the social security for agriculture, forestry and horticulture has been responsible.

history

Farmers Old Age Allowance Act - 1957-1994

In the course of the 1957 pension reform , farmers were also included in the statutory pension insurance through the Act on Old Age Assistance for Farmers (GAL) , which, however, did not become part of the regular pension system, but was a special system established by the agricultural professional associations . However, the beginnings were humble. Until then, the farmers' pension scheme was exclusively regulated as part of the farm handover contracts as so-called end-of- life benefits or partial retirement benefits. These were often limited to benefits in kind, so that the older generation had no access to cash at all. With benefits of 40 DM for single and 60 DM for married couples, the new security system was only intended as pocket money to supplement the traditional form of provision.

In the following years, the old-age assistance for farmers experienced a steady increase in pension benefits as well as an expansion of benefits. With the operational aid , a service that has so far been unique in German social security law has been introduced. In addition, rehabilitation benefits and the disability pension were based on the law of general pension insurance. In many small steps, the farmers' old age benefit slowly grew into a basic security.

Farmers Old-Age Insurance Act - 1995 to 2012

With the Agrarian Social Reform Act of 1994, the spouse's insurance (so-called "farmer's pension") was introduced as a further special feature. According to this, the spouse of an agricultural entrepreneur is considered an agricultural entrepreneur under certain circumstances (not permanently separated, not unable to work regardless of the labor market situation) and is equally subject to insurance and contribution obligations. It is not necessary to work on the farm and therefore the spouses of part-time farmers are generally subject to insurance and contributions. This opens up the possibility of operating your own retirement provision. However, the law provides e.g. For example, if you are earning income (e.g. pensions), when you are raising children or caring for relatives, you can request an exemption from compulsory insurance if the more detailed requirements of the law are met. According to the legal situation at the time (legal status: August 11, 2010), the application for exemption had to be submitted within three months of the marriage to a farmer. If the application was submitted late, contributions were requested for the past, as the exemption only had an effect for the future from the date of application. This situation, which was ultimately perceived as unsatisfactory on all sides, was resolved with retroactive effect by the BUK-NOG and the situation before August 11, 2010 was restored.

Act reorganizing the organization of agricultural social security - from 2013

Since September 28, 2011 a ministerial draft and since November 2, 2011 the government draft of a law to reorganize the organization of agricultural social insurance (LSV-NOG) , which provided for the formation of a federal corporation under public law, in which the individual providers as well as the umbrella association from January 1, 2013 were incorporated. This integration, which goes hand in hand with the dissolution of the previous bodies and the umbrella association, will be implemented in a transitional period until December 31, 2017. The new social insurance agency is called Social Insurance for Agriculture, Forestry and Horticulture (SVLFG).

The agricultural old- age pension funds thus lost their independence, the law on the old-age security of farmers was further developed in such a way that, among other things, the tax regulations for obtaining the pension entitlement were defused and data transmission procedures were introduced with the financial and registration authorities, which, for example, address the problem of exemption from removed the compulsory insurance and made the submission of income tax assessments dispensable.

Agricultural structural objectives

The old-age security of farmers is significantly subsidized by the state. To compensate for this, the old-age security of the farmers is linked to agricultural structural objectives by forcing the farmers to give up their business .

The primary goal is the handover or handover of the farm when reaching retirement age; the handover to the next generation should be promoted. Therefore, it was set as a condition of entitlement to receive an old-age pension. In addition to the farm handover, this also leads to a concentration of farms due to the leasing of usable areas that become available to farmers who are not farm successors, because z. B. there are no successors. This regulation thus contributes to structural change in agriculture: Small farms disappear, large farms enlarge (→ farm deaths ).

This agricultural structural objective was also the basis for the land tax pension and the production abandonment pension, which are now only granted in existing cases.

However, in a decision of May 23, 2018 (published on August 9, 2018), the Federal Constitutional Court found that this so-called farm tax clause is at least partially unconstitutional if it unreasonably deprives income that is necessary to supplement the partial security. It sees here both a violation of the constitutionally protected freedom of property (Article 14.1 of the Basic Law), the principle of equality in Article 3 of the Basic Law and the special protection of marriage and the family (Article 5.1 of the Basic Law).

Individual evidence

  1. ^ Christian Wirth: 50 years of old-age security for farmers . In: Social Security in Agriculture (SDL) . No. 2 , 2007, p. 96 ff . ( PDF [accessed on July 18, 2011]).
  2. ↑ Chronology of the history of the retirement fund . In: Social Security in Agriculture (SDL) . No. 2 , 2007, p. 129 ff . ( PDF [accessed on July 18, 2011]).
  3. ↑ [1]
  4. ^ Act to reorganize the organization of agricultural social insurance (LSV Reorganization Act - LSV-NOG). In: bmel.de. Retrieved January 21, 2019 .
  5. ↑ Aigner: "The Christian-Liberal Coalition stands by the farmers" ( Memento from November 3, 2011 in the Internet Archive )
  6. ↑ Law on the reorganization of the organization of agricultural social insurance (LSV Reorganization Act) ( Memento of April 2, 2015 in the Internet Archive )
  7. ↑ § 11 ALG
  8. ↑ Tasks of old-age security for farmers. In: Website of the umbrella organizations for agricultural social insurance. Retrieved September 22, 2010 .
  9. ↑ https://www.bundesverfassungsgericht.de/SharedDocs/Pressemitteilungen/DE/2018/bvg18-068.html The prerequisite for a pension entitlement is unconstitutional

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