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Old Age, Disability and Survivors
Regulatory Framework
First law: 1889 (Law on old-age and disability provisions of June 22, RGBl. 1889 S.97/144), implemented on January 1, 1891; and 1911 (Insurance regulation of the German Reich of July 19, RGBl. 1911 S.989, on survivors), implemented in January 1914.
Current law: 2002 (Sixth Book of the Social Act - Obligatory Pension Insurance, on old-age, disability, and survivors), with 2009 amendment.
Type of program: Social insurance system.
Note: Effective 1992, the social security systems of the Federal Republic of Germany (FRG) and the German Democratic Republic (GDR) were merged and Part VI of the Social Act came into force throughout the entire federal territory. In the summary that follows, particular provisions that are in place in the new federal states are preceded by the designation "E -".
Current law: 2002 (Sixth Book of the Social Act - Obligatory Pension Insurance, on old-age, disability, and survivors), with 2009 amendment.
Type of program: Social insurance system.
Note: Effective 1992, the social security systems of the Federal Republic of Germany (FRG) and the German Democratic Republic (GDR) were merged and Part VI of the Social Act came into force throughout the entire federal territory. In the summary that follows, particular provisions that are in place in the new federal states are preceded by the designation "E -".
Coverage
Employed persons (including apprentices), certain self-employed persons, persons caring for a child younger than age 3, recipients of social security benefits (such as unemployment benefits), conscripts or persons doing community service instead of military service, and voluntary care workers.
Voluntary coverage for persons aged 16 or older who are exempt from compulsory coverage, including German citizens residing abroad and foreign citizens residing in Germany.
Special systems for certain self-employed persons, miners, public-sector employees (supplementary insurance), civil servants, and farmers.
Voluntary coverage for persons aged 16 or older who are exempt from compulsory coverage, including German citizens residing abroad and foreign citizens residing in Germany.
Special systems for certain self-employed persons, miners, public-sector employees (supplementary insurance), civil servants, and farmers.
Source of funds
Insured person: 9.95% of monthly earnings; none if earnings are less than €400 a month (voluntary contributions can be made); a reduced contribution is paid if monthly earnings are from €401 to €800.
The maximum annual earnings used to calculate contributions are €66,000 (E - €55,800) if covered by the German Pension Insurance; €81,600 (E - €68,400) if covered by the German Pension Insurance for Miners-Railwaymen-Seamen.
Self-employed person: 19.9% of monthly income.
The minimum monthly contribution is €79.60 and the maximum is €1,094.50 (E - €925.35) or a flat-rate amount of €508.45 (E - €431.83), depending on the type of coverage chosen by the self-employed person.
Employer: 9.95% of monthly payroll; 15% of earnings for employees with monthly earnings less than €400; 16.45% of payroll for employees covered by the German Pension Insurance for Miners-Railwaymen-Seamen.
The maximum annual earnings used to calculate contributions are €66,000 (E - €55,800) if covered by the German Pension Insurance; €81,600 (E - €68,400) if covered by the German Pension Insurance for Miners-Railwaymen-Seamen.
Government: Pays the cost of noninsurance-related benefits.
The maximum annual earnings used to calculate contributions are €66,000 (E - €55,800) if covered by the German Pension Insurance; €81,600 (E - €68,400) if covered by the German Pension Insurance for Miners-Railwaymen-Seamen.
Self-employed person: 19.9% of monthly income.
The minimum monthly contribution is €79.60 and the maximum is €1,094.50 (E - €925.35) or a flat-rate amount of €508.45 (E - €431.83), depending on the type of coverage chosen by the self-employed person.
Employer: 9.95% of monthly payroll; 15% of earnings for employees with monthly earnings less than €400; 16.45% of payroll for employees covered by the German Pension Insurance for Miners-Railwaymen-Seamen.
The maximum annual earnings used to calculate contributions are €66,000 (E - €55,800) if covered by the German Pension Insurance; €81,600 (E - €68,400) if covered by the German Pension Insurance for Miners-Railwaymen-Seamen.
Government: Pays the cost of noninsurance-related benefits.
Qualifying conditions
Old-age pension: Age 65 with at least 5 years of contributions. For all persons born after 1964, the pensionable age is 67. (For those born before 1965, the normal pensionable age will rise gradually from age 65 to age 67 with at least 5 years contributions from 2012 to 2029. From 2012, a special length of service pension will be paid at age 65 with 45 years of contributions.)
Age 63 (rising gradually to age 65 from 2012 to 2029) with an assessed degree of disability of at least 50% and at least 35 years of coverage. For insured persons born before 1952, age 65 with at least 15 years of contributions and unemployed for at least 52 weeks after age 58 and 6 months, or with at least 15 years of contributions for employees in part-time work for at least 24 months before the normal retirement age, or for women with at least 10 years of contributions after age 40. Age 60 (rising gradually to age 62 from 2012 to 2029) for miners with at least 25 years of contributions from employment in permanent underground work.
Earnings test: The pension paid to pensioners younger than age 65 depends on the level of individual earnings: if monthly earnings are less than €400, the full pension is paid; if earnings are greater than €400, a partial pension is paid at 33.3%, 50%, or 66.7% of the full pension, depending on earnings.
Early pension: Age 63 with at least 35 years of coverage, subject to conditions.
Deferred old-age pension: The pension may be deferred after the normal retirement age.
Disability pension: Paid for a full loss of working capacity (unable to work more than 3 hours a day in any form of work) or a partial loss of working capacity (able to work at least 3 hours but not more than 6 hours a day in any form of work; for insured persons born before January 2, 1961, unable to work at least 6 hours a day in the usual or a similar occupation). The insured must have at least 5 years of contributions and 36 months of compulsory contributions in the last 5 years. Special conditions apply for a reduction in earning capacity that is the result of a work injury.
Survivor pension: The deceased had at least 5 years of contributions or was a pensioner at the time of death. The pension is income tested.
Small widow(er) pension: Paid to a widow(er) or surviving civil partner for up to 24 months following the month of the insured's death. The survivor must not have remarried or entered a new civil partnership after the insured's death.
Large widow(er) pension: Paid to a widow(er) or surviving civil partner who meets the qualifying conditions for the small widow(er) pension and is aged 45 or older (rising gradually to age 47 from 2012 to 2029), cares for a child younger than age 18, or has a disability.
Orphan's pension: Paid until the orphan reaches age 27; after age 18 the pension is income tested and the orphan must be a student, in training, taking part in a voluntary social or ecological year (in lieu of military service), or have a disability.
Special conditions apply to marriages or civil partnerships that began after 2001 and marriages or civil partnerships that began before 2002 with both spouses or civil partners born after January 1, 1962.
Old-age pension splitting: Couples can opt for a pension-splitting arrangement instead of receiving a survivor benefit if their marriage or civil partnership began after 2001, or if their marriage or civil partnership began before 2002 with both spouses or civil partners born after January 1, 1962. Both spouses or civil partners must have at least 25 years of coverage and be eligible for a statutory old-age pension. Spouses or surviving civil partners can request that the entitlements to pension benefits accrued during their marriage or civil partnership be split.
Child's supplement: Paid to a widow(er) or surviving civil partner receiving the large widow(er) pension and rearing a child younger than age 3. The supplement is not paid if the spouse died before 2002, or if the marriage took place before that date and at least one spouse was born before January 2, 1962.
Age 63 (rising gradually to age 65 from 2012 to 2029) with an assessed degree of disability of at least 50% and at least 35 years of coverage. For insured persons born before 1952, age 65 with at least 15 years of contributions and unemployed for at least 52 weeks after age 58 and 6 months, or with at least 15 years of contributions for employees in part-time work for at least 24 months before the normal retirement age, or for women with at least 10 years of contributions after age 40. Age 60 (rising gradually to age 62 from 2012 to 2029) for miners with at least 25 years of contributions from employment in permanent underground work.
Earnings test: The pension paid to pensioners younger than age 65 depends on the level of individual earnings: if monthly earnings are less than €400, the full pension is paid; if earnings are greater than €400, a partial pension is paid at 33.3%, 50%, or 66.7% of the full pension, depending on earnings.
Early pension: Age 63 with at least 35 years of coverage, subject to conditions.
Deferred old-age pension: The pension may be deferred after the normal retirement age.
Disability pension: Paid for a full loss of working capacity (unable to work more than 3 hours a day in any form of work) or a partial loss of working capacity (able to work at least 3 hours but not more than 6 hours a day in any form of work; for insured persons born before January 2, 1961, unable to work at least 6 hours a day in the usual or a similar occupation). The insured must have at least 5 years of contributions and 36 months of compulsory contributions in the last 5 years. Special conditions apply for a reduction in earning capacity that is the result of a work injury.
Survivor pension: The deceased had at least 5 years of contributions or was a pensioner at the time of death. The pension is income tested.
Small widow(er) pension: Paid to a widow(er) or surviving civil partner for up to 24 months following the month of the insured's death. The survivor must not have remarried or entered a new civil partnership after the insured's death.
Large widow(er) pension: Paid to a widow(er) or surviving civil partner who meets the qualifying conditions for the small widow(er) pension and is aged 45 or older (rising gradually to age 47 from 2012 to 2029), cares for a child younger than age 18, or has a disability.
Orphan's pension: Paid until the orphan reaches age 27; after age 18 the pension is income tested and the orphan must be a student, in training, taking part in a voluntary social or ecological year (in lieu of military service), or have a disability.
Special conditions apply to marriages or civil partnerships that began after 2001 and marriages or civil partnerships that began before 2002 with both spouses or civil partners born after January 1, 1962.
Old-age pension splitting: Couples can opt for a pension-splitting arrangement instead of receiving a survivor benefit if their marriage or civil partnership began after 2001, or if their marriage or civil partnership began before 2002 with both spouses or civil partners born after January 1, 1962. Both spouses or civil partners must have at least 25 years of coverage and be eligible for a statutory old-age pension. Spouses or surviving civil partners can request that the entitlements to pension benefits accrued during their marriage or civil partnership be split.
Child's supplement: Paid to a widow(er) or surviving civil partner receiving the large widow(er) pension and rearing a child younger than age 3. The supplement is not paid if the spouse died before 2002, or if the marriage took place before that date and at least one spouse was born before January 2, 1962.
Cash benefits for insured workers (except permanent disability)
Old-age pension: The pension is based on total individual earnings points multiplied by the pension factor of 1.0 and the pension value. (Special rules apply to persons insured under the German Pension Insurance for Miners-Railwaymen-Seamen.)
Individual earnings points are calculated as individual annual earnings divided by the average earnings of all contributors multiplied by the entry factor. An individual earnings point of 1.0 is awarded if the individual's annual earnings correspond to the average earnings of all contributors. In the case of lower or higher individual annual earnings, a corresponding earnings point of less than or more than 1.0 is awarded.
The pension value is calculated as the monthly benefit amount for 1 year of average covered earnings, adjusted for changes in wages. From July 1, 2009, the pension value is €27.20 (E - €24.13).
The normal entry factor is 1.0 and increases or decreases depending on the age at which the insured is first awarded a pension.
There is no statutory minimum pension.
Compensation amount for low-income workers: For low-income workers with at least 35 years of coverage and with less than 0.0625 earning points on average (calculated based on months with full contributions), the value of contributions paid before 1991 is increased to 1.5 times the value, up to 75% of the value of contributions for average earnings of all insured persons (0.0625 earning points).
For persons with at least 25 years of coverage, the value of contributions paid after 1992 while caring for a child younger than age 10 is increased to 1.5 times the value, up to the value of contributions for average earnings of all insured persons.
Early pension: The entry factor (1.0) is reduced by 0.003 for each calendar month the pension is taken before age 65.
Deferred pension: The entry factor (1.0) is increased by 0.005 for each calendar month the pension is deferred after age 65.
Benefit adjustment: Benefits are adjusted annually in July according to changes in the pension value. The adjustment formula also takes into account changes in the ratio between the number of pensioners and contributors and includes a rule preventing absolute decreases in pension benefits.
Individual earnings points are calculated as individual annual earnings divided by the average earnings of all contributors multiplied by the entry factor. An individual earnings point of 1.0 is awarded if the individual's annual earnings correspond to the average earnings of all contributors. In the case of lower or higher individual annual earnings, a corresponding earnings point of less than or more than 1.0 is awarded.
The pension value is calculated as the monthly benefit amount for 1 year of average covered earnings, adjusted for changes in wages. From July 1, 2009, the pension value is €27.20 (E - €24.13).
The normal entry factor is 1.0 and increases or decreases depending on the age at which the insured is first awarded a pension.
There is no statutory minimum pension.
Compensation amount for low-income workers: For low-income workers with at least 35 years of coverage and with less than 0.0625 earning points on average (calculated based on months with full contributions), the value of contributions paid before 1991 is increased to 1.5 times the value, up to 75% of the value of contributions for average earnings of all insured persons (0.0625 earning points).
For persons with at least 25 years of coverage, the value of contributions paid after 1992 while caring for a child younger than age 10 is increased to 1.5 times the value, up to the value of contributions for average earnings of all insured persons.
Early pension: The entry factor (1.0) is reduced by 0.003 for each calendar month the pension is taken before age 65.
Deferred pension: The entry factor (1.0) is increased by 0.005 for each calendar month the pension is deferred after age 65.
Benefit adjustment: Benefits are adjusted annually in July according to changes in the pension value. The adjustment formula also takes into account changes in the ratio between the number of pensioners and contributors and includes a rule preventing absolute decreases in pension benefits.
Permanent disability benefits for insured workers
Disability pension: The pension is based on total individual earnings points multiplied by the pension factor and the pension value.
Individual earnings points are calculated as individual annual earnings divided by the average earnings of all contributors multiplied by the entry factor. The pension factor for a full reduction in earning capacity is 1.0; for a partial reduction, 0.5. (Special rules apply to persons covered under the German Pension Insurance for Miners-Railwaymen-Seamen.)
The pension value is calculated as the monthly benefit amount for 1 year of average covered earnings, adjusted for changes in wages. From July 1, 2007, the pension value is €26.27 (E - €23.09).
If the disability begins before age 60, the period from the date of the reduction in earning capacity up to age 60 is taken fully into account for the purpose of calculating the pension.
The normal entry factor (1.0) is reduced by 0.003 for every calendar month a pension is awarded before age 63, up to a maximum reduction of 0.108.
The disability pension ceases at age 65 and is replaced by the old-age pension. The old-age pension paid must be at least equal to the disability pension.
Benefit adjustment: Benefits are adjusted annually in July according to changes in the pension value. The adjustment formula also takes into account changes in the ratio between the number of pensioners and contributors and includes a rule preventing absolute decreases in pension benefits.
Individual earnings points are calculated as individual annual earnings divided by the average earnings of all contributors multiplied by the entry factor. The pension factor for a full reduction in earning capacity is 1.0; for a partial reduction, 0.5. (Special rules apply to persons covered under the German Pension Insurance for Miners-Railwaymen-Seamen.)
The pension value is calculated as the monthly benefit amount for 1 year of average covered earnings, adjusted for changes in wages. From July 1, 2007, the pension value is €26.27 (E - €23.09).
If the disability begins before age 60, the period from the date of the reduction in earning capacity up to age 60 is taken fully into account for the purpose of calculating the pension.
The normal entry factor (1.0) is reduced by 0.003 for every calendar month a pension is awarded before age 63, up to a maximum reduction of 0.108.
The disability pension ceases at age 65 and is replaced by the old-age pension. The old-age pension paid must be at least equal to the disability pension.
Benefit adjustment: Benefits are adjusted annually in July according to changes in the pension value. The adjustment formula also takes into account changes in the ratio between the number of pensioners and contributors and includes a rule preventing absolute decreases in pension benefits.
Survivors benefits for dependents
Survivor pension: The pension paid to a widow(er) or surviving civil partner is based on the total of the deceased's individual earnings points multiplied by the pension factor and the pension value.
Individual earnings points are calculated as individual annual earnings divided by the average earnings of all contributors multiplied by the entry factor. The pension factor is 1.0 for the first 3 months after the insured's death; thereafter, 0.25 if the survivor is receiving the small widow(er) pension or 0.55 if receiving the large widow(er) pension and if both spouses or civil partners were born after January 1, 1962, or if the marriage or civil partnership began after 2001 (0.6 if the marriage or civil partnership began before 2002 and one spouse or civil partner was born before January 2, 1962). (Special rules apply to persons covered by the German Pension Insurance for Miners-Railwaymen-Seamen.)
The pension value is calculated as the monthly benefit amount for 1 year of average covered earnings, adjusted for changes in wages. From July 1, 2007, the pension value is €26.27 (E - €23.09).
The small widow(er) pension is paid for 2 years; an unlimited pension is paid if the marriage or civil partnership began before 2002 and the widowed spouse or civil partner was born before January 2, 1962.
Normally, a widow(er) pension is not paid if the marriage or civil partnership lasted less than a year. Special rules apply for spouses divorced before July 1, 1977.
Income test: 40% of the survivor's net income above €718.08 (E - €637.03) is deducted from the widow(er) pension from the 4th month of payment.
Old-age pension splitting: The pension of the surviving spouse or civil partner is calculated by splitting the pension rights accrued by both members of the couple during their marriage or civil partnership. The survivor pension is not paid.
Child's supplement: Additional earnings points are awarded for the large widow(er) pension if the spouse or civil partner cares for children. Two earnings points are awarded per month for the first child; one earnings point for each additional child.
Orphan's pension: The pension factor is 0.1 for a half orphan and 0.2 for a full orphan. Supplements are paid depending on the length of the insured's coverage period and other factors. The pension is paid in full until the orphan reaches age 18; thereafter, if the orphan's net income is above €478.72 (E - €424.69), 40% of the orphan's net income above this limit is deducted from the pension. (Special rules apply to deceased's persons who were covered by the German Pension Insurance for Miners-Railwaymen-Seamen.)
Benefit adjustment: Benefits are adjusted annually in July according to changes in the pension value. The adjustment formula also takes into account changes in the ratio between the number of pensioners and contributors and includes a rule preventing absolute decreases in pension benefits.
Individual earnings points are calculated as individual annual earnings divided by the average earnings of all contributors multiplied by the entry factor. The pension factor is 1.0 for the first 3 months after the insured's death; thereafter, 0.25 if the survivor is receiving the small widow(er) pension or 0.55 if receiving the large widow(er) pension and if both spouses or civil partners were born after January 1, 1962, or if the marriage or civil partnership began after 2001 (0.6 if the marriage or civil partnership began before 2002 and one spouse or civil partner was born before January 2, 1962). (Special rules apply to persons covered by the German Pension Insurance for Miners-Railwaymen-Seamen.)
The pension value is calculated as the monthly benefit amount for 1 year of average covered earnings, adjusted for changes in wages. From July 1, 2007, the pension value is €26.27 (E - €23.09).
The small widow(er) pension is paid for 2 years; an unlimited pension is paid if the marriage or civil partnership began before 2002 and the widowed spouse or civil partner was born before January 2, 1962.
Normally, a widow(er) pension is not paid if the marriage or civil partnership lasted less than a year. Special rules apply for spouses divorced before July 1, 1977.
Income test: 40% of the survivor's net income above €718.08 (E - €637.03) is deducted from the widow(er) pension from the 4th month of payment.
Old-age pension splitting: The pension of the surviving spouse or civil partner is calculated by splitting the pension rights accrued by both members of the couple during their marriage or civil partnership. The survivor pension is not paid.
Child's supplement: Additional earnings points are awarded for the large widow(er) pension if the spouse or civil partner cares for children. Two earnings points are awarded per month for the first child; one earnings point for each additional child.
Orphan's pension: The pension factor is 0.1 for a half orphan and 0.2 for a full orphan. Supplements are paid depending on the length of the insured's coverage period and other factors. The pension is paid in full until the orphan reaches age 18; thereafter, if the orphan's net income is above €478.72 (E - €424.69), 40% of the orphan's net income above this limit is deducted from the pension. (Special rules apply to deceased's persons who were covered by the German Pension Insurance for Miners-Railwaymen-Seamen.)
Benefit adjustment: Benefits are adjusted annually in July according to changes in the pension value. The adjustment formula also takes into account changes in the ratio between the number of pensioners and contributors and includes a rule preventing absolute decreases in pension benefits.
Administrative organization
Federal Ministry of Labor and Social Policy (http://www.bmas.bund.de) provides general supervision. Federal Insurance Institute (http://www.bva.de) supervises the administrative functions of the German Pension Insurance.
Federal Ministry of Labor and Social Policy
Mohrenstr. 62,
DE-10117 Berlin,
Germany
Tel.: +(49) 1888 527 0
Fax: +(49) 1888 527 1830
Federal German Pension Insurance (http://www.deutsche-rentenversicherung-bund.de), regional agencies of the German Pension Insurance, and the German Pension Insurance for Miners-Railwaymen-Seamen (http://www.deutsche-rentenversicherung-knappschaft-bahn-see.de) administer the program.
Federal German Pension Insurance
Ruhrstraße 2,
DE-10709 Berlin,
Germany
Tel.: +(49) 30 865 1
Fax: +(49) 30 865 27240
German Pension Insurance for Miners-Railwaymen-Seamen
Pieperstraße 14 - 28,
DE-44789 Bochum,
Germany
Tel.: +(49) 234 304 0
Fax: +(49) 234 304 53050
Since October 1, 2005, administrative responsibilities have been set by a special procedure providing for a distribution of the insured among all pension insurance institutions. For certain insured persons, special responsibility lies with the German Pension Insurance for Miners-Railwaymen-Seamen.
Sickness funds collect contributions and forward them to pension insurance institutions.
Federal Ministry of Labor and Social Policy
Mohrenstr. 62,
DE-10117 Berlin,
Germany
Tel.: +(49) 1888 527 0
Fax: +(49) 1888 527 1830
Federal German Pension Insurance (http://www.deutsche-rentenversicherung-bund.de), regional agencies of the German Pension Insurance, and the German Pension Insurance for Miners-Railwaymen-Seamen (http://www.deutsche-rentenversicherung-knappschaft-bahn-see.de) administer the program.
Federal German Pension Insurance
Ruhrstraße 2,
DE-10709 Berlin,
Germany
Tel.: +(49) 30 865 1
Fax: +(49) 30 865 27240
German Pension Insurance for Miners-Railwaymen-Seamen
Pieperstraße 14 - 28,
DE-44789 Bochum,
Germany
Tel.: +(49) 234 304 0
Fax: +(49) 234 304 53050
Since October 1, 2005, administrative responsibilities have been set by a special procedure providing for a distribution of the insured among all pension insurance institutions. For certain insured persons, special responsibility lies with the German Pension Insurance for Miners-Railwaymen-Seamen.
Sickness funds collect contributions and forward them to pension insurance institutions.
Réponse à la dernière enquête: 01 Janvier 2010
Dernière mise à jour AISS: 01 Janvier 2010
Taux de change: US$1.00 equals 0.70 euros (€).