Damaged pension
The injured person's pension is a benefit under German social compensation law , which is regulated in sections 29–34 of the Federal Pension Act. Numerous other laws intended to compensate for damage also refer to the regulations mentioned there.
Degree of damage consequences
The amount of the injured person's pension is determined by the degree of the damage consequences (GdS). This evaluates the damage caused to the damaged person. It is to be evaluated in steps of ten from 10 to 100.
The degree of the consequences of damage can be rated higher regardless of the specific damage if the damage significantly affects employment in the previous or desired occupation, in particular if the previous or desired occupation can no longer be practiced or the practice is associated with considerable restrictions ( Section 30 (2) BVG). However, if there is an entitlement to medical rehabilitation services or services for participation in working life and these are promising, the GdS will only be increased after these measures have been completed ( Section 29 BVG).
Services
Basic pension
The basic pension according to § 31 BVG is paid regardless of income and is based on the established GdS. The current amount (as of November 28, 2018) is: [outdated]
| GdS | Benefit level |
|---|---|
| 30th | 151 euros |
| 40 | 205 euros |
| 50 | 274 euros |
| 60 | 348 euros |
| 70 | 482 euros |
| 80 | 583 euros |
| 90 | 700 euro |
| 100 | 784 euros |
If the injured person has reached the age of 65, he receives
| a surcharge of | at GdS |
|---|---|
| 31 euros | 50-60 |
| 38 euros | 70-80 |
| 46 euros | 90-100 |
Damaged persons who are entitled to care allowance are entitled to at least a basic pension in the amount of a GdS of 50. If a damaged person goes blind due to the damage, he always receives the basic pension in the amount of a GdS of 100.
In the case of numerous other social benefits, the basic pension is not taken into account as income, such as social assistance and unemployment benefit II .
Severely disabled allowance
If injured persons receive a GdS of 100 simply because of their damage, they are entitled to the severely injured allowance in accordance with Section 31 (4) BVG. The amount of the severely disabled allowance is based on the implementing ordinance issued for this purpose. The severely disabled allowance only takes into account physical damage, mental or psychological damage is not taken into account.
Level I 91 euros,
Level II 187 euros,
Level III 278 euros,
Level IV 372 euros,
Level V 463 euros,
Level VI 559 euros
Equalization pension
If, due to health problems or reasons of age, reasonable gainful employment is not possible or only possible under very difficult conditions, there is an entitlement to a compensation pension according to Section 32 BVG. This amounts to (November 28, 2018):
| GdS | Benefit level |
|---|---|
| 50-60 | 482 euros |
| 70-80 | 583 euros |
| 90 | 700 euro |
| 100 | 784 euros |
According to Section 33 BVG, personal income is offset against the equalization pension, whereby a distinction is made between income from employment and other income. In contrast to social law, income from employment also includes injury benefit, sickness benefit and pension sickness benefit, as well as the portion of parental benefit that exceeds EUR 300.
The exact details of the income offset are set out in the implementing regulation issued for this purpose. If there is no entitlement to a compensation pension based on the income, the income is also offset against the spouse's allowance and the children's allowance.
Damaged minors receive only 30 percent of the equalization pension up to the age of 14 and only 50 percent of the equalization pension up to the age of 18, unless they have no dependents who are obliged to support them. The granting of a compensatory pension to minors depends on the family's economic circumstances. In the case of a training allowance, 77 euros are not taken into account ( Section 34 BVG).
Spouse allowance
Severely disabled persons (GdS of at least 50) are entitled to a spouse's allowance according to Section 33a BVG of 88 euros. This also applies if the marriage was divorced or annulled, but the severely disabled person has to care for a child from the marriage.
Child allowance
Severely disabled people receive a child allowance for every child in the household in accordance with Section 33b BVG. The child allowance is subordinate to child benefit , child allowance , child allowance and child allowance .
The eligibility requirements largely correspond to those of child benefit, with the difference that the age limit of 27 years continues to apply in social compensation law and not an age limit of 25 years as is the case with child benefit. Otherwise, the child allowance corresponds to the amount of child benefit.
The child allowance can be diverted just like child benefit.
Occupational damage compensation
Damaged persons are entitled to compensation for occupational damage in accordance with Section 30 (3) BVG if the damage has led to a loss of income. The amount of occupational injury compensation is of the grade of the Grade Procedure A derived. The implementation ordinance issued for this determines further details.