As of: February 15, 2024, 4:31 p.m
By: Fabian Hartmann
Comments
Press
Split
The basic pension is intended to subsidize retirees with low pensions.
However, if couples get married, this could result in a disadvantage in terms of their basic pension.
Munich – The basic pension has been available in Germany since 2021.
It is not a stand-alone benefit, but rather a supplement to the statutory pension.
It is intended to increase low pensions with an individually calculated supplement and thus contribute to a dignified retirement.
According to the Federal Ministry of Labor and Social Affairs, around 1.1 million retirees in Germany received basic pensions in 2022.
On average, pensioners in Germany are paid around 86 euros per month.
Retirees who have paid into the pension fund for at least 33 years but whose regular retirement pension is still far below the subsistence level are eligible for the supplement.
However, the basic pension supplement is not paid out as a flat rate, but is determined individually by the pension insurance company after an examination of the insurance biography.
The calculation is based on an income check based on tax data that the pension insurance company receives from the tax offices.
On this basis, the pension insurance recalculates the basic pension supplement every year at the beginning of the year.
Allowances also apply: up to a creditable income of currently 1,317 euros for single people and 2,055 euros for couples (in 2023), no income will be taken into account.
However, to the annoyance of many consumers, the recalculation can also have a negative impact on pension levels.
Expert considers the inclusion of the spouse’s pension in the income test to be “unconstitutional”
As the Social Association of Germany (SoVD) reports, in recent weeks an increasing number of retirees have contacted the social association about changes in pension amounts.
In many cases they explained that their pension payment had been reduced due to the annual recalculation of pension insurance.
Pension expert and lawyer Peter Knöppel also reported to the
Gegen-Hartz.de
platform about a case in which an affected person was paid 60 euros less in pension per month as of January 1, 2024.
The reason is that her spouse's income was counted towards the basic pension.
Knöppel considers this crediting to be unconstitutional because it encroaches on the rights of the spouse affected by the income crediting according to Article 14 of the Basic Law.
In addition, such a calculation is “contrary to the system,” says Knöppel, when it comes to the general pension model.
The statutory pension does not count the income or additional earnings of one spouse against the statutory pension entitlements of the other spouse.
Such credits are provided for in state welfare, a different system than that of pensions - after all, the basic pension entitlement comes from SGB VI and not from welfare.
Married couples are at a disadvantage when it comes to income testing for basic pensions
Pension expert and lawyer Knöppel also points out that spouses are treated unequally when it comes to basic pensions.
Unmarried couples who live together declare their income for the basic pension individually.
The non-marital partner's income is therefore not counted towards the partner's basic pension entitlements.
My news
Trick saves dying houseplants in no time: With a spice you can read it
Read how much pension members of the Bundestag collect – without having paid in a cent
Deposit limit exceeded: Supermarket notice threatening customers with a ban on entry
Be careful, telephone fraud: under no circumstances should you answer your cell phone with these telephone numbers
“I'm really on the verge of despair”: Woman (29) wants to move back into a shared apartment - because she has no choice
New Schufa regulation: Creditworthiness companies are no longer allowed to check this data
Retired couple taking a walk © IMAGO
However, if couples get married, the spouse's income is also used to calculate the basic pension entitlement.
In this respect, a marriage could quickly lead to a spouse exceeding the existing basic pension exemption amount through the marriage - and would therefore have to expect reductions in the basic pension subsidy.
Among other things, Knöppel calls for social courts up to the Federal Social Court to examine whether it is even permissible to count income against the basic pension.
SoVD has been criticizing annual recalculation for a long time - now the traffic light coalition is also having doubts
The SoVD has criticized the annual recalculation of the income of those entitled to a basic pension since the basic pension was introduced in 2021.
For those affected, this could not only lead to pension cuts, but also to growing uncertainty.
The SoVD also emphasizes that the income test can reduce the circle of those entitled and also causes additional bureaucratic effort.
The SoVD board chairwoman Michaela Engelmeier is therefore calling for the income test to be dispensed with in order not to further burden people with low pensions: “Right now - in a phase of high inflation - the income test for the basic pension must at least be suspended, and ideally canceled completely .
Otherwise, the well-intentioned idea of a basic pension will only lead to a further loss of trust in the statutory pension - but also in the state." And given the current tense mood in the country, that is exactly what we need the least.
On Monday (February 12, 2024) it was also announced that parts of the traffic light coalition are increasingly doubting the annual income test as part of property tax eligibility.
The reason for this is not only the additional bureaucratic effort caused by the income verification, but also that the costs significantly exceed the benefits of the verification.
Added to this is the time-consuming and complicated examination process, which could lead the federal government to introduce changes to the basic pension for pensioners in the future.
(Fabian Hartmann)