German Pension

Pensions on grounds of age and severe disability

Under Section 35 SGB VI, anyone who reaches the standard retirement age – the completed 67th year of life – and has met the general qualifying period of five years is entitled to the standard old-age pension.

The old-age pension for long-term insured persons under Section 36 SGB VI requires a qualifying period of 35 years; it can be drawn early from the age of 63, although then with deductions.

The old-age pension for especially long-term insured persons under Section 38 SGB VI requires 45 years of qualifying periods and the completed 65th year of life.

A claim to the old-age pension for severely disabled people arises under Section 37 SGB VI with a qualifying period of 35 years and a recognised severe disability within the meaning of the Act. It can be drawn early from the age of 62. Whether the requirements are met also depends on the degree of disability.

Pension on grounds of full or partial reduction in earning capacity

Anyone who, because of illness or disability, can work less than three hours a day is considered fully incapable of gainful employment under Section 43 SGB VI. The claim requires the general qualifying period as well as three years of compulsory contributions in the five years before the reduction in earning capacity arose.

A partial reduction in earning capacity exists where three to under six hours a day are still possible. The other requirements are the same. What counts are the usual conditions of the general labour market, not the occupation last exercised.

When the reduction in earning capacity is assessed, opinions frequently diverge because not all conditions were taken into account or were not fully disclosed by the applicant. In court proceedings an independent expert opinion is then regularly obtained. A period of one month runs against a refusing decision.

Survivors’ pensions

Survivors’ pensions distinguish between the widow’s or widower’s pension and the orphan’s pension. Anyone who has not remarried after the death of their partner is generally entitled, provided the deceased was insured and had met the general qualifying period. Under Section 46 SGB VI the marriage must as a rule have lasted at least one year.

The small widow’s or widower’s pension is limited in time; it is paid for at most 24 calendar months after the month of death.

The large widow’s or widower’s pension exists where a minor child is being raised, where the person has completed their 47th year of life, or where their earning capacity is reduced.

The orphan’s pension is paid to the children of the deceased. If one parent is still living, the half-orphan’s pension is paid, otherwise the full orphan’s pension. Spouses or parents who are missing are treated as deceased.

When insurance periods lie abroad

We review decisions of the pension insurance, conduct the objection procedure and represent you before the social court. For insurance periods abroad the rules of European social security law apply: periods from several Member States are aggregated, and each state pays the share attributable to it.

Frequently asked questions about the German pension

What does taking the pension early cost me?

Anyone retiring before the relevant age limit must expect permanent deductions. They remain in place even after the standard retirement age is reached.

Is the reduced earning capacity pension time-limited?

As a rule yes. Time-limited pensions must be pursued in good time – a missed application for continued payment creates a gap.

Do contribution periods from my country of origin count?

Within the EU, the EEA and Switzerland, yes. For third countries it depends on a social security agreement.