No basic pension supplement for voluntary contributions: Court ruling causes excitement!

No basic pension supplement for voluntary contributions: Court ruling causes excitement!

The Baden-Württemberg State Social Court has ruled in a ruling that calendar months with voluntary contributions cannot be counted towards the basic pension periods. This judgment, which was made on January 24, 2025 (ref. L 5 R 1205/23), is currently the subject of an appeal at the Federal Social Court (ref. B 5 R 3/24 R). The analysis of this decision reveals far-reaching implications for many pensioners who are hoping for a basic pension supplement.

The plaintiff in this case, who made voluntary contributions for 312 months while self-employed, was dismissed. Despite his long contribution periods, he did not receive a basic pension supplement because he had only paid compulsory contributions for 230 months instead of the required 396 months. The State Social Court confirmed that the legal requirements exclude the crediting of voluntary contribution periods against the basic pension periods and found that unequal treatment between compulsory and voluntary contributions is objectively justified. Finally, those with compulsory insurance generally contribute more to the financing of statutory pension insurance.

Revision procedure and possible consequences

The Federal Social Court will now clarify whether the plaintiff actually contributed to financing the pension insurance with his voluntary contributions. This legal dispute could have far-reaching effects, as a successful outcome for the plaintiff could also enable thousands of insured persons in similar situations to be entitled to a basic pension, retroactively for up to four years.

The plaintiff also argues that the exclusion of his voluntary contributions violates the principle of equal treatment under Article 3 of the Basic Law. The ruling by the State Social Court has already been viewed critically, not least because it raises an existential question for the pensioners affected. The German pension insurance does not recognize voluntary contribution periods as creditable basic pension periods, in accordance with the requirements of Section 76g paragraph 2 of the Social Code (SGB) number 6, which defines the creditable periods under pension law.

Legal foundations and social debate

The situation raises questions about justice and fairness within the pension system. With the basic pension supplement, which has existed since January 2021 for pensioners with long working hours and below-average income, the legislature wants to ensure that those with compulsory insurance in old age can expect a pension that corresponds to their lifetime performance. The exclusion of voluntary insurance periods is viewed as objectively justified, but leads to a discussion about the appropriate treatment of these types of contributions.

The 5th Senate of the Federal Social Court has not yet scheduled a date for the hearing, which increases the uncertainty for many of those affected. In the coming months, the BSG ruling will be crucial in clarifying to what extent the exclusion of voluntary retirement periods is constitutional and what consequences it has for many pensioners in Germany.

For more information about the case, see the articles from gegen-hartz.de and rentenbescheid24.de.