Consideration time

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In Germany, the upbringing of children has two effects on statutory pension entitlements. Immediately increasing pension as child-rearing period and as entitlement maintenance period in the form of the child consideration period. Child consideration periods have an indirect effect on other pension law periods and lead to a more favorable assessment, for example when calculating waiting times, which can lead to earlier retirement without deductions.

A consideration period refers to a period under pension law in the statutory pension insurance (GRV) in Germany , regulated in Section 57 SGB ​​VI . It was introduced into the GRV system in 1992. Consideration times are bindingly determined by a pension insurance company . These are times when a child is raised up to their 10th year of age ( child consideration period ). From January 1, 1992 to March 31, 1995, there were also periods of non-commercial care for a person in need of care ( care consideration period ).
This was abolished again in 1995 with the introduction of statutory long-term care insurance .

Consideration periods have no special effect under pension law. They do not increase the pension benefit directly, but at best indirectly (in contrast to contribution / or child-rearing periods). Rather, periods of consideration serve the purpose of fulfilling the waiting periods under pension law or maintaining entitlements over the period of their effectiveness. In addition, they may lead to a more favorable evaluation of the non-contributory periods as part of the overall performance evaluation. This is intended to compensate for disadvantages under pension law for those who raised a child and therefore did not work and therefore did not pay any contributions.

Attributing Child Care Times

Duration of child consideration times

As a rule, child consideration periods are 10 years, calculated from the birth of the child. In contrast to the child-rearing times for several children, the times are not extended by the corresponding periods, but run side by side if necessary, so that the effect is based on when the last child is 10 years old.

z. B.

child Born on the Child-rearing time Consideration time
Fred March 2, 1984 April 1, 1984 to September 30, 1986 1 March 2, 1984 to March 1, 1994
Lisa July 24, 1995 August 1, 1995 to July 31, 1998 2 July 24, 1995 to July 23, 2005
Maria + Mario April 15, 1978 May 1, 1978 to April 30, 1983 1 April 15, 1978 to April 14, 1988 3

Note:
1 Birth up to December 31, 1991 2.5 years child-rearing period (per child, Section 249, Paragraph 1 SGB VI)
2 Births from January 1, 1992 3 years child-rearing period (per child)
3 In the case of multiple births, this time is not double or also considered three times (or more)

Requirement for the recognition of child consideration periods

Requirements are regulated in particular in Section 57 of Book Six of the Social Security Code. The period of upbringing a child up to the age of ten is considered a period for one parent, provided that the prerequisites for the crediting of a child-rearing period are also met during this period.

Reason for exclusion: self-employment

In addition, periods of child consideration cannot be taken into account even if a (not insignificant) self-employed activity was carried out (exception: mandatory contributions were paid during this activity, e.g. as a self-employed person subject to compulsory insurance or during a child-raising period). Whether a child allowance period can be taken into account if the spouse is self-employed depends on the individual case, as it must be checked whether the person is a co-entrepreneur. Working as a farmer also counts as self-employment. The reason for exclusion from self-employment only applies to periods of more than marginal self-employment if these periods are also compulsory contribution periods .

To whom are consideration times credited?

Times are only credited to one person. First of all, this is automatically the mother. If the insurance benefits are to be credited to the father or possibly other relatives instead, the parents must mutually request this for the future (or 2 months retrospectively).

Application for consideration times for child carers

Since the times are only approved retrospectively, it makes sense to submit an application for periods of consideration for child carers no earlier than the 10th birthday of the youngest child. This is often requested in connection with the crediting of child-rearing periods, as the same application form is used for both.

Effects of consideration times

Child consideration times count for most waiting times and can increase your own pension.

Effects on waiting times

Consideration times are included for most waiting times, including waiting times of 35 years ( old-age pension for long-term insured persons ) and 45 years ( old-age pension for especially long-term insured persons ). They do not count towards the general waiting time. They are also not included in the special insurance law requirements, such as for the disability pension (36 months of mandatory contributions in the last 60 calendar months), but they extend the relevant period so that fulfillment is possible through periods further back.

Effects on pension

If there are at least 25 years of pension law periods, then additional earnings points will be credited for periods of child allowance from January 1, 1992 under the following circumstances:

  • Mandatory contributions during the child allowance period:
If earnings points are credited from compulsory contributions (e.g. from employment) during the child consideration period, these earnings points are increased by half (50 percent) at the start of retirement. However, the additional pay points are limited to a maximum of 0.3336 per calendar year (or 0.0278 per calendar month). However, as a result of the increase, the total amount of earnings points may not exceed 0.0833 per calendar month (or 0.9996 per calendar year); the additional points are then limited accordingly (also to zero). Due to the limitation to a maximum of 0.0833 EP per calendar month, there is no increase, e.g. always for child-rearing periods , as these are already 0.0833 EP per month.
  • Upbringing several children under 10 years of age or a child in need of care:
If the child consideration periods of several children are parallel (at the same time raising at least two children under ten years of age) or if a dependent child under 18 is being raised, then 0.0278 earnings points per calendar month (or 0.3336 earnings points per calendar year) are credited at the start of retirement. Here, too, there is a limit to a maximum of 0.0278 additional remuneration points per calendar month and, together with other points, to a total of 0.0833 remuneration points per calendar month.

This regulation only applies to periods from 1992 onwards, since for periods before 1992 the pension is based on minimum earnings points. Although this is not linked to the upbringing of children, it increases the earnings points from periods with low contributions. The increase in the contributions for child allowance periods is considered a "successor regulation" of the pension based on minimum earnings points.

Nursing consideration times

In the period from January 1, 1992 to March 31, 1995, it was possible, upon application, to have care allowance periods recognized for non-commercial care of a person in need of care. However, with the introduction of compulsory insurance for caregivers (Section 3 No. 1a SGB VI), care consideration periods became superfluous, so that they hardly play a role nowadays. The application deadline for these times has expired, i. H. even if care has taken place, no care allowance time can be recognized again.

See also

Web links

Individual evidence

  1. ↑ Ute Wiegand-Fleischhacker, Women's Representative Yearbook 2007 Hesse: Assistance and compatibility of family and work: Make full use of the legal framework
  2. ↑ Horst Marburger, Expectant mothers need money: maternity leave - childcare allowance - parental leave, social benefits for young families
  3. ↑ Statutory pension insurance as part of old-age provision: Basics and practice
  4. ↑ German pension insurance - service brochure
  5. ↑ § 57 SGB ​​VI.
  6. ↑ § 57 SGB ​​VI.
  7. ↑ Deutsche Rentenversicherung - service brochure , p. 12