Supply marriage
In the literature on German social security law, a marriage is referred to as a pension marriage which, due to its brevity, is presumed to have been concluded only to secure a widow's pension for the surviving partner.
term
The term “care marriage” has been developed by case law. It is not used in the law.
object
Widows or widowers are generally entitled to a survivor's pension. This principle can be found in SGB VI and similar laws. In the area of statutory pension insurance, there is an entitlement to a widow's or widower's pension from Section 46 (1) SGB VI if the following conditions are met:
- Death of the insured
- Fulfillment of the waiting period by the deceased
- no remarriage
If the prerequisites of Section 46 (2) SGB VI are met, you are entitled to the so-called large widow's pension. A civil partnership also counts as a marriage within the meaning of this provision due to Section 46 (4) SGB VI .
However, widows or widowers are generally not entitled to a survivor's benefit if the marriage has not lasted for at least one year, unless the particular circumstances of the case do not justify the assumption that it was the sole or predominant purpose of the marriage Establish entitlement to a survivor's pension (Section 46 (2a) SGB VI). This standard, which excludes the claim, is modeled on parallel regulations in other laws.
This paragraph excludes the right to a widow's pension in the event of a pension if the goal of the marriage is to obtain a pension, whereby it is assumed that this is usually the case if a spouse dies within one year of the marriage.
The marriage period of one year pays off from the day of the civil marriage; §§ 187 I, 188 BGB apply to the deadline. According to the will of the legislature, this time requirement triggers the rebuttable presumption ( reversal of the burden of proof rule ) that it is a so-called care marriage. Further clues are no longer required if this condition is met. Proof that there is no care marriage is justified, for example, if it is a sudden, unforeseeable accidental death or if the couple was not aware of a fatal illness at the time of the marriage.
According to the jurisprudence of the BSG, the regulation is not unconstitutional because it is a “legitimate concern of the legislature to prevent abuse of marriage and to prevent manipulated consequences. In this way, the regulation does not violate the protection of marriage guaranteed in Article 6, Paragraph 1 of the Basic Law, because it precisely protects the institute of marriage from abuse. ”Furthermore, an applicant is not compelled to interfere with privacy, so that the inviolable core area of Art. 1 Para. 1 GG is not affected.
Individual evidence
- ↑ z. B. LAG Lower Saxony; 3 Sa 667/05 B: "A care marriage within the meaning of Section 19 Paragraph 1 Clause 2 No. 1 BeamtVG does not exist if it can be proven that one of the spouses intended to provide the widow with care that was not decisive for the marriage."
- ↑ E.g. § 65 SGB VII; Section 38 BVG; Section 19 BeamtVG.
- ↑ ZB Section 65, Paragraph 6, SGB VII; Section 38 (2) BVG; Section 19 (1) sentence 2 no. 1 BeamtVG.
- ↑ LSG NW Breithaupt 1973, 710.
- ↑ BSGE 35, 272 = NJW 1973, 1996 on the regulation with the same content in § 594 RVO (now: § 65 Paragraph 6 SGB VII).
- ↑ BSGE 35, p. 273.
