Shock for retirement age: Court rejects the date of birth!

Shock for retirement age: Court rejects the date of birth!

Berlin, Deutschland - A woman from Berlin-Brandenburg suffered a defeat in the dispute over the pension before the State Social Court. Your goal: an early retirement pension, justified by a new date of birth in a new pass. However, the court decided that the attempt to convert was not plausible and that changes in the official documents are only possible under "close prerequisites". The court's decision was made under the file number L 33 R 333/21.

The applicant came to Germany in the early 1980s, and her Lebanese passport, which stated in 1960 as the year of birth, was presented. As a result, she received a social security number based on this information. In 2015, however, the woman changed her name and claimed to be born in Turkey in 1946. She underpinned this with a Turkish pass from 2014 and an extract from the Turkish civil status register.

Way to the court

In 2017, the woman applied for an old -age pension, but was rejected by the German pension insurance. The final procedure then took its course. In the first instance, the court decided in favor of the plaintiff, but in the appeal procedure the state social court of pension insurance was right.

A revision against this judgment is possible. The Senate found that the plaintiff and the person in the Lebanese passport were identical, but at the same time pointed out that the Turkish documents are not suitable for better legitimation of the date of birth. It was also criticized that the date of birth in 1946 was not registered until the end of 1962, which was considered unusual.

Legal framework of the old -age pension

In order to avoid misunderstandings, it is important to know that pension law places certain requirements for the date of birth. The earliest possible and regular start of the pension is determined using a pension start calculator, demanding that the date of birth is correctly stated. This information is essential for determining the pension claims and types, since pension species that are not taken into account before 01.01.2008 with or without discounts.

The regular age pension can be claimed by almost all people who were insured at least five years - including times of sickness benefit and child rearing. Starting in 2012, the age limit increases gradually from 65 to 67 years, which is considered necessary in view of the increasing life expectancy. Here, too, the legal framework with regard to pension entry and age limits play a central role.

premature old -age pensions are usually not possible, even not with deductions. There is a greater flexibility due to the possibility of unlimited addition to the pension. The application for pension should also be made in good time, ideally three months before the desired pension start. In order to be able to use individual advice, it is advisable to contact the German pension insurance.

In this case, it remains to be seen whether the applicant will go into a revision and whether she may be able to retire in the next instance. The discussion raises questions about the strict requirements for old -age pensions and whether the current regulations meet the individual life of life of the data subject.

For detailed information on pension types and services, visit the page of . You can obtain information about the start of the pension on the Start-up calculator . You can find current reports on the legal dispute at rbb24 .