Pensioner from Bremen loses fight for full old-age pension after accident!

Pensioner from Bremen loses fight for full old-age pension after accident!

In Bremen, a current case caused a stir among pensioners: a man received his old-age pension notice and found that his pension had been reduced due to an accident pension. So far, so unpleasant. But what happened to him could also happen to many others. The pensioner sued the pension insurance company's decision, which only approved €1,508.40 instead of the expected €1,762.75. The Lower Saxony-Bremen State Social Court However, confirmed the calculation and clarified that the statutory accident pension is offset against the old-age pension.

In 1970, the plaintiff suffered serious injuries in a terrible accident during his training as an aircraft manufacturer, which led to a 30% reduction in earning capacity (MdE). Despite these limitations, he mastered his life: After the accident, he became an engineer and worked until he retired in 2013. However, the court's verdict was a bitter blow for him. Because it determined that the amount of the accident pension and the unreduced old-age pension may not exceed the previous income at the time of the accident. And that puts many in a precarious position.

The legal situation

This regulation for offsetting accident pensions exists to prevent overprovision. According to Section 93 SGB VI, pensions from the statutory pension insurance may only be paid if the sum of the accident pension does not exceed the limit amount. The limit amount is calculated from the income before the accident, which in many cases leads to a lack of understanding because later higher career entry is often simply ignored reports the German pension insurance.

The effects can be far-reaching. Anyone who receives an accident pension and applies for an old-age pension at the same time must expect that the total amount of the pension will remain below 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 of those affected, the only option is to mention the receipt of the accident pension in the pension application in order to avoid possible trouble states www.unfallrente.net.

Signal for other affected people

The court's ruling has far-reaching consequences: There is no right to a full old-age pension if an additional accident pension is received. The rights of the lawsuit were not heard further because no appeal was allowed. The set crediting and the associated legal regulations are a constant point of contention when it comes to pension decisions. Those affected are often frustrated because the calculation is based on previous, often lower, income.

Those affected should therefore inform themselves well and provide all relevant information about accident pensions before applying. This is the only way to avoid that, after many years of working and fighting, they now have to suffer a financial disadvantage due to bureaucratic hurdles.