Is the man from the Stade district now almost 50 - or is it already 102?
And is he actually entitled to an old-age pension?
The State Social Court of Lower Saxony-Bremen has a very clear opinion on this.
Celle - Hand on heart: Which almost 50-year-old has not wanted a pension? When the work becomes more and more, the stress increases and illnesses burden a person, one or the other might dream of retirement from time to time. But shouldn’t you be retired and calm down by the age of 102? Enjoy life, look after your health and do whatever is dear to you?
The State Social Court of Lower Saxony-Bremen, based in Celle, had to decide on this bizarre case on Friday: A man from the Stade district says of himself that he is 102 years old - and that he is entitled to a pension.
However, according to the insurance account, he is only 48 for pension insurance, and she rejected the application.
For a nearly 50-year-old, an old-age pension would actually come a little early under normal circumstances.
In court, the man who suffers from spastic paralysis sits hunched over in his place, his hair is graying and thick, he looks like you would look at 50.
But an old man?
"I think it is obvious that we are not dealing with a 102-year-old person," says Judge Uwe Dreyer.
The court rejects the man's appeal - an action for declaratory judgment in this case is “simply inadmissible”.
An action for rescission and performance would therefore be the right way to go.
The insurance company expressly rejected the pension claim, and there was no objection procedure.
The judge also accuses the man of wanting to conduct the proceedings, possibly having committed a criminal offense - "which may result in other proceedings".
Even during the hearing, the judge warns that plaintiffs will have to bear the costs of the proceedings in certain cases.
Before and during the negotiation, Dreyer tries to build a bridge for him - and asks: "Should we continue?"
According to the court, the man who wants to be 102 years old works as an administrative clerk in the Stade district - full-time.
In order to substantiate his alleged pension entitlements, he submitted an affidavit and a self-written “birth certificate”.
He had “already met the age requirements for a few years”.
And former Federal Chancellor Helmut Schmidt, like him, worked at his desk well into old age.
In his view, the data from the German Pension Insurance are incorrect, and the man emphasized that it was not 1973 that was his year of birth, but 1919.
In 1973 he had an accident in Stade that he was not allowed to talk about "for safety reasons".
Dreyer asked what security reasons that should be.
“I don't have to explain that here,” replies the man.
The judge smiles.
Germany's employers are now calling for a debate on extending working life in Germany - but until 102?
Hardly likely.
In fact, more and more older people are working in Germany.
Last year, 1.04 million employees were 67 years of age or older.
Almost 600,000 had a regular job over the age of 70, according to a response from the federal government to a request from the left in the Bundestag in mid-July.
Almost 220,000 were therefore even older than 75 years - and 72,000 employees were older than 80 years.
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For years, labor market researchers have determined that people do not necessarily feel ready for retirement when they reach retirement age.
On average, older people are also fitter than previous generations.
Nevertheless, the allegedly 102-year-old said he could no longer wait for retirement.
Vain.
Instead, he has to bear the costs of the procedure: 1,000 euros.
dpa
