Pensioners from Bremen lose a fight for full retirement pension after accident!

Pensioners from Bremen lose a fight for full retirement pension after accident!

Bremen, Deutschland - In Bremen, a current case caused excitement among pensioners: a man received his age pension notice and found that his pension was shortened due to an accident pension. So far, so ugly. But what has happened to him could also bloom many others. The pensioner complained of the decision of the pension insurance, the single € 1,508.40 instead of the expected € 1,762.75. However, the State Social Court of Lower Saxony-Bremen confirmed the calculation and made it clear that the statutory accident pension is counted towards the retirement pension.

The plaintiff had suffered serious injuries in 1970 in a bad accident during his training as a aircraft manufacturer, which led to a degree of reducing the ability to work (MDE) of 30 %. Despite these restrictions, he mastered his life: after the accident, he became an engineer and worked until his pension in 2013. However, the judgment of the court was a bitter blow. Because it found that the amount from the accident pension and the unabridged old -age pension must not exceed the earlier income at the time of the accident. And that brings many into a precarious location.

The legal situation

This regulation exists for crediting accident pensions to prevent oversupply. According to § 93 SGB VI, pensions from the statutory pension insurance may only be paid if the sum with the accident pension does not exceed the limit. The border amount is calculated from the income before the accident, which in many cases leads to incomprehension, because often a later higher career entry is simply ignored reports the German Pension Insurance .

The effects can be far -reaching. Anyone who receives an accident pension and applying for an old -age pension in parallel must expect that the total amount of pensions must remain under the income earned before the accident. The State Social Court dismissed the pensioner's lawsuit and pointed out that he could not prove discrimination. For many those affected, only the way is to mention the connection of the accident pension in the pension application in order to avoid possible anger states www.unfallrente.net Fest .

signal for other affected people

The judgment of the court has far -reaching consequences: there is no right to full retirement pension if an additional accident pension is obtained. The laws of the lawsuit were not further negotiated because no revision was approved. The defined crediting and the legal regulations incurred are a constant dispute in the case of pension notices. Often those affected are frustrated because the calculation is based on an earlier, often lower income.

those affected should therefore inform themselves well and present all relevant information about the accident pension in advance of their applications. This is the only way to avoid that after many years of working and fighting, you now have to suffer a financial disadvantage through bureaucratic hurdles.