Anyone who is permanently unable to work is entitled to a disability pension. However, the most recent changes in the calculation, which led to higher payments, do not apply to existing pensioners. An absurdity, said social organizations and went to court.
Around 1.8 million disability pensioners are initially not entitled to more money. In the case of increases, the legislature was initially allowed to limit itself to new pensions and leave out existing pensioners, as the Federal Social Court (BSG) in Kassel ruled. This does not violate the principle of equal treatment. (Az: B 5 R 29/21 R)
The amount of the disability pension depends, among other things, on the time between the actual start of the pension and the start of the regular old-age pension. Due in part to the postponement of the regular retirement age, the average level of disability pensions from the statutory pension insurance system has fallen continuously since 2001.
To counteract this, the legislature adjusted the calculation bases for disability pensions in 2014, 2018 and 2019 and extended the so-called supplementary periods. So far, however, the first two changes have only applied to pensions that started on or after January 1, 2018, the third and strongest improvement only for pensions that started on or after January 1, 2019. Only from July 2024 will there be flat-rate surcharges for existing pensioners.
In two proceedings supported by the social associations VdK and SoVD, the plaintiffs complained that the principle of equal treatment had been violated. The improvements would also have to benefit the existing pensioners immediately. Like the lower courts, the BSG did not follow this. The legal requirements for the previous pension increases have not been met. The legislator also wanted "clearly and clearly" that these do not apply to existing pensions. The social associations had also admitted this. However, they saw this as a violation of the principle of equal treatment and demanded a referral to the Federal Constitutional Court.
The BSG also initially rejected this in the first of the two proceedings. The legislature did not have to increase the existing pensions at the same time as the new pensions. He justified this with the high financial and organizational effort. The fact that this is true "is obvious," emphasized the BSG.
In general, changes in the law on pensions will only take effect in the future. This not only applies to improvements, as here, but also to deterioration. The Federal Constitutional Court also ruled on the mother's pension that existing pensioners had to accept that their pensions were only adjusted afterwards. The social associations still want to appeal to the Federal Constitutional Court.
