Inequity Ordinance

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Basic data
Title: Ordinance to avoid undue hardship by claiming an early retirement pension
Short title: Inequity Ordinance
Abbreviation: InjusticeV
Type: Federal Ordinance
Scope: Federal Republic of Germany
Legal matter: Social law
References : 860-2-10
Issued on: April 14, 2008
( BGBl. I p. 734 )
Entry into force on: January 1, 2008
Last change by: Art. 1 Regulation of 4 October 2016
( Federal Law Gazette I, p. 2210 )
Effective date of the
last change: 		January 1, 2017
(Art. 2 of October 4, 2016)
Please note the note on the applicable legal version.

The ordinance to avoid undue hardship by claiming an early retirement pension (Unbilligkeitsverordnung - UnbilligkeitsV) regulates in the area of SGB ​​II ( unemployment benefit II ) under which circumstances beneficiaries in Germany are not obliged to claim an early old-age pension . The basis for authorization is Section 13 (2) SGB II.

The principle here is that those in need of assistance after they have reached the age of 63 are not obliged to claim an early retirement pension if this would be unreasonable (Section 1 UnfilligkeitsV).

This obligation is unreasonable under this Ordinance:

  • if this would mean that you would no longer be entitled to unemployment benefit (Section 2 UnbilligkeitsV)
  • if in the near future (within three months) those in need of assistance will be able to claim an old-age pension with no deductions (Section 3 UnfilligkeitsV)
  • as long as those in need are employed subject to social security contributions or earn an income of more than 450 euros from self-employment, but only if the gainful activity takes up the majority of the workforce (§ 4 Inequity Ordinance)
  • provided that the above-mentioned employment is imminent and the person in need of assistance can prove this (Section 5 Inequity Ordinance)

Since January 1, 2017, as a result of the Flexirentengesetz, the obligation to claim an early retirement pension is unreasonable even if this would result in the expected pension being so low that additional social assistance benefits under SGB XII would have to be drawn in order to secure a living . (§ 6 Inequity Ordinance)

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