Replacement time
The replacement period is a term from the legal circle of the German statutory pension insurance . It is a so-called pension law period , located in the non-contributory periods .
definition
For the non-contributory periods in general and thus also for the substitute period, the payment of contributions to the statutory pension insurance was omitted due to special circumstances. Since substitute times can lead to the establishment of pension entitlements, these times play an important role in addition to the (actually contributed) contribution times , because they count towards increasing entitlement in all cases of pension benefits (such as old-age pensions , disability pensions or survivors' pensions ).
Spare time is available as a paid-up time in addition to other insurance records, such as the creditable periods and the supplementary period .
Casuistry
According to § 250 Sixth Book of the Social Code (SGB VI), replacement periods are certain periods without compulsory insurance after the age of 14 and historically limited to the day before January 1, 1992. These are periods of compensation, since contributions were not paid for reasons during these periods for which the insured person is not responsible. These include:
- War service in the First and Second World War (also within the SS , if this was done for the purposes of the Wehrmacht ), prisoner of war and military service at that time , service in the German mine clearance service ,
- Service with the Reich Labor Service ,
- Times of persecution by National Socialism ,
- Times of expulsion or flight , internment, deportation and detention of Germans as a result of the Second World War,
- Detention periods in the GDR area from May 8, 1945 to June 30, 1990, provided that the insured person has been rehabilitated or the sentence has been overturned.
In some cases, periods of sickness and unemployment that follow these periods also count as substitute periods. Replacement times are limited to times up to December 31, 1991. In all cases of pensions, they are included in the waiting period and in the pension calculation without any further requirements. The period from January 1, 1945 to December 31, 1946 for people who have a federal expulsion permit A or B according to the BVFG is referred to as the so-called flat replacement period .
In contrast to the replacement times, this does not include times for which additional insurance has been carried out, nor times for which additional insurance has not been made due to a lack of application.
Web links
- http://www.juraforum.de/lexikon/Ersatzzeiten
- Section 250 of Book Six of the Social Code
