Premature waiting time fulfillment
The early fulfillment of the waiting period is an additional legal requirement in addition to the provisions on the waiting period from German social security law (here: statutory pension insurance in Germany). The relevant regulation is Section 53, Book Six of the Social Code (SGB VI).
Thanks to this legal basis, an insured person can receive benefits even before the waiting period under pension law has been met. This provides better social security for all insured persons and their surviving dependents in the German pension insurance .
definition
In order to be able to use the benefits of the pension insurance, one must have been a part of it for a certain period of time (see also waiting period ). This obligation to fulfill the waiting time is partially canceled out by the early fulfillment of the waiting time.
requirements
The basic prerequisite for early fulfillment of the waiting period is the occurrence of reduced earning capacity or the death of the insured person. (Even before the "general waiting period" is met, i.e. of at least 5 years (60 months) with contribution periods.)
Further requirements are: The reduced earning capacity or the death of the insured (insured event) must be due to
- an accident at work or an occupational disease or
- because of damage to military service under the Soldiers' Welfare Act as a conscript or temporary soldier or
- because of civilian service damage under the Civilian Service Act as a civilian service provider or
- because of detention ( Section 1 Prisoner Assistance Act )
occurred (Section 53 (1) SGB VI).
In addition, when the accident at work or occupational disease occurred, the insured person must have been subject to statutory pension insurance or must have paid compulsory contributions for an insured employment or activity for at least one year in the previous two years. For those doing military or community service or in cases of detention, it is even sufficient if the insured person has paid at least one legally effective contribution to the actually required waiting period before the insured event occurs.
The waiting period is also fulfilled early if the insured person has become fully incapacitated or has died within six years of completing training. In addition, as in the case of an accident at work or an occupational disease, compulsory contributions for an employment or activity subject to compulsory insurance must be recorded for at least one year in the last two years before the occurrence of the insured event (Section 53 (2) SGB VI ).
particularities
A special feature is that in Section 53 (2) SGB VI, due to a retrospective amendment by the Pension Reform Act 1999 to January 1, 1992 by sentence 2, that the two-year period is extended by periods of school education up to seven years after the age of 17.
