Regular retirement pension

from Wikipedia, the free encyclopedia

According to Section 33 (2) No. 1 SGB ​​VI, the regular old-age pension is an old-age pension from the German statutory pension insurance (GRV) .

Standard retirement age

Year of birth Regelalters-
limit
Reaching the
regular retirement age
before 1947 65 since January 1, 2011
1947 65 + 01 month 02.2012 - 01.2013
1948 65 + 02 months 03.2013 - 02.2014
1949 65 + 03 months 04/2014 - 03/2015
1950 65 + 04 months 05/2015 - 04/2016
1951 65 + 05 months 06.2016 - 05.2017
1952 65 + 06 months 07.2017 - 07.2018
1953 65 + 07 months 08.2018 - 08.2019
1954 65 + 08 months 09.2019 - 09.2020
1955 65 + 09 months 10.2020 - 10.2021
1956 65 + 10 months 11.2021 - 11.2022
1957 65 + 11 months 12.2022 - 12.2023
1958 66 01.2024 - 01.2025
1959 66 + 02 months 03.2025 - 03.2026
1960 66 + 04 months 05.2026 - 05.2027
1961 66 + 06 months 07.2027 - 07.2028
1962 66 + 08 months 09.2028 - 09.2029
1963 66 + 10 months 11.2029 - 11.2030
from 1964 67 from January 1, 2031

According to Section 35 Sentence 2 SGB VI, the standard retirement age in Germany is reached at the age of 67 (the 67th birthday). However, all beneficiaries who were born before January 1, 1947 can retire at the age of 65. For all pension contributors born on or after January 1, 1947, the standard retirement age increases annually (see table opposite).

Pension contribution payers who were born on or after January 1, 1964, can only retire without any deductions at the age of 67. According to current pension law, this is only possible from January 1, 2031.

Pension entitlement and waiting period (minimum insurance period)

The start of retirement must be distinguished from the retirement age , the point in time at which the beneficiaries can actually retire. In order to be entitled to the regular old- age pension, the general waiting period of five years ( Section 50 (1) sentence 1 SGB VI) must be fulfilled. It can be fulfilled through contribution periods and substitute periods ( Section 51 Paragraphs 1 and 4 SGB VI). If insured persons have received a pension for reduced earning capacity or a childcare pension by reaching the standard retirement age , the general waiting period is deemed to have been fulfilled ( Section 50 (1) sentence 2 SGB VI).

The pension is only ever paid on application ( Section 19 sentence 1 SGB IV).

Start of retirement

The regular old-age pension is paid from the calendar month at the beginning of which the eligibility requirements are met, provided that the pension application is submitted by the end of the third calendar month after the end of the calendar month in which the last eligibility requirement is met ( Section 99, SGB ​​VI). The pension is therefore paid at the earliest from the month following the month in which the insured person reaches the standard retirement age; People who have their birthday on the 1st of a month reach the age of the end of the previous month, so they can draw the pension in the month in which they celebrate their birthday. If an application is submitted after the three-month period, the pension begins with the month of application at the earliest.

The insured person has the option of stipulating in the pension application that the old-age pension should be paid from a later start of retirement. If the eligibility requirements for the old-age pension are met, based on the start of the pension determined by the insured person, the old-age pension must be paid from this point in time. For every calendar month that the pension is not taken after reaching the standard retirement age, it increases by 0.5% ( Section 77 (3) sentence 3 no. 3 SGB VI).

Access factor

The access factor for the standard old-age pension is 1,000 and can be increased if you retire later. An early claim of the regular old-age pension is excluded. A pension without deductions before reaching the standard retirement age is to be obtained only by another type of pension (for example, old-age pension for severely disabled people , old-age pension for especially long-term insured , retirement due to unemployment or after partial retirement or old-age pension for women ).

Pension formula

The pension formula for all pensions of the statutory pension insurance is mathematically noted:

,

where the gross monthly pension is in euros , the total of earnings points achieved , the access factor , the pension type factor and the currently valid pension value in euros.

Since the access factor and the type of pension factor for the regular old-age pension are both 1.0, the pension can be determined by simply multiplying the earnings points with the current pension value.

Example:
If an employee has worked for 45 years in the old federal states of the Federal Republic of Germany and has always earned wages in the amount of the average annual income, he is statistically referred to as a corner pensioner . Since July 1, 2015, he has received a gross monthly pension of EUR 1,314.45 (= 45 EP × EUR 29.21).

Gross wage [€] Net pension * [€] after ...
month hour ... 35 years ... 40 years
2000 11.54 0650.66 0743.61
2250 12.98 0731.99 0836.56
2500 14.42 0813.32 0929.51
2750 15.87 0894.65 1022.46
3000 17.31 0975.98 1115.41
3250 18.75 1057.32 1208.36
3500 20.19 1138.65 1301.31
*) Gross pension less health and long-term care insurance contributions,
average additional contribution and without children,
before taxes (see downstream taxation );
Calculation parameters as of January 1, 2015,
final average wage 2012

Additional earnings

The recipient of a regular old-age pension may earn unlimited additional earnings without the additional earnings leading to a reduction in or even loss of the pension.

history

Data slide of the LVA Hannover about expected insurance years.

The general age limit introduced by the law on invalidity and old-age insurance of June 22, 1889, which entitles the holder to draw a pension, was initially 70 years in the German Empire from January 1, 1900. On July 19, 1911, this age limit was also specified in Section 1257 of the Reich Insurance Code (RVO) (RGBl. P. 509). For salaried employees it was reduced in the same year by the legislator in the “ Insurance Act for Salaried Employees ” in Section 25 of December 20, 1911 to 65 years. From January 1, 1916, the reduction was also reflected in the workers' pension insurance.

During the Second World War, women insured under the workers' pension scheme were subject to an age limit from the age of 55 if they had born four living children and their husbands had died. This was regulated by Section 2, Paragraph 2 of the “Second Act on the Improvement of Benefits in Pension Insurance” of June 19, 1942 (RGBl. I p. 407) and Section 1 of the “Ordinance on the Adaptation of the Reich Insurance Laws to the Second Act on Improvement the benefits in the pension insurance "of June 22, 1942 (RGBl. I p. 411) with the addition of § 1253 Abs. 2 RVO.

With the pension reform of 1957 in the Federal Republic of Germany a uniform regulation of the age limit applied to the pension insurance of salaried employees and workers. According to this, female insured persons who have reached the age of 60 received a retirement pension on application if they fulfilled the waiting period and had predominantly carried out an employment or activity subject to pension insurance in the past 20 years (Section 25 (3) AnVG as amended by the New Employee Insurance Regulation Act of February 23, 1957, Federal Law Gazette I p. 88 ). For male insured persons and for female insured persons who did not meet the requirements of § 25 Paragraph 3 AnVG, § 25 Paragraph 5 AnVG basically applied, according to which insured persons who have reached the age of 65 and have completed the waiting period are granted retirement benefits. The introduction of a special age limit for women was based on a proposal by the Bundestag Committee on Social Policy . To justify the regulation deviating from the government draft, the latter stated in his report (on BTDrucks. II / 3080, p. 10 on § 1253): “With this special age limit for women, the committee was guided by the fact that the insured woman often has one Has fulfilled the double occupation as employee and housewife, which causes an early wear and tear of strength and thus early occupational disability. "

With the Pension Reform Act (RRG) of October 16, 1972 ( Federal Law Gazette I, p. 1965 ), insured persons who have reached the age of 60 and have fulfilled the waiting period in accordance with paragraph 7 sentence 2 - this was 180 calendar months - received a pension upon application, if in the past 20 years she has predominantly carried out an employment or activity that is subject to pension insurance. The RRG also introduced the flexible old-age pension, which, according to Section 25 (1) AnVG, can be granted at the request of insured persons aged 63 or over or, if they are severely disabled, from the age of 60, provided they have completed 35 eligible insurance years.

On February 17, 1987, the Federal Constitutional Court ruled (1 BvR 455/82) that different age limits for pensions for women and men are not unconstitutional and are compatible with the Basic Law, Article 3, Paragraph 2.

In the Social Security Code , which came into force on January 1, 1992, the regulation applicable to women was then changed again.

Insured women are entitled to an old-age pension if they

  1. have reached the age of 60,
  2. after reaching the age of 40 have more than ten years of compulsory contribution periods and
  3. have completed the waiting period of 15 years.

was the current legal text in Section 39 SGB ​​VI if women wanted to retire before the general age limit of 65 years. For men and women alike, an access factor was used to regulate the situation in the event of early claiming of an old-age pension or in the case of waiver of an old-age pension after the age of 65 with supplements or discounts. Applicants born before 1941 were spared the surcharge factor. The access factor has the effect that the pension is reduced by 3.6% for each year it is brought forward over its entire term and increases by 6% for each year it is waived.

With regard to longer pension entitlements, the legislature continued to gradually adopt the applicable age limits of 60 years due to unemployment and for women and 63 years for long-term insured persons for old-age pensions, which, under certain conditions, can be claimed before the age of 65 to raise to 65 or 67 years of age.

The standard retirement age was further adjusted with the RV Age Limit Adjustment Act of April 20, 2007.

Web links

Individual evidence

  1. Federal Social Court, decision of August 23, 2005 , Az. B 4 RA 28/03 R, here paragraphs / paragraphs 31-53; Full text; Retrieved February 10, 2011
  2. a b Reform project: Bundestag passes pension at 67 . In: Spiegel Online , March 9, 2007. Retrieved August 18, 2020.