Pensioner desperate: Only eight days are missing from the cheap KVdR!

Pensioner desperate: Only eight days are missing from the cheap KVdR!

A recent ruling by the Federal Court of Justice has brought the strict rules for health insurance for pensioners (KVdR) into sharp focus. The plaintiff, a woman born in 1936, failed because of a small but crucial detail: she was only eight days short of the required pre-insurance period in order to be accepted into the KVdR. This was confirmed by the Bayreuth Social Court and the Bavarian State Social Court, which led to financial strain on the pensioner.

The plaintiff had had statutory health insurance since 1951 and applied for an old-age pension in October 1995 with the intention of retiring in March 1996. For the KVdR, a pre-insurance period of approximately 20 years, i.e. 7,360 days, is required. Although the plaintiff was able to prove over 7,352 days, the months that she worked and paid contributions after applying for a pension were not taken into account. This led to the rejection of their KVdR.

The legal background and the protective regulations

The Federal Social Court (BSG) decided in 2009 that narrowly missing the previous insurance period does not give rise to a claim to KVdR. The court made it clear that insurance periods after the application was submitted cannot count towards the pre-insurance period. The framework period therefore ends with the pension application, which makes the strict deadline regulations and their effects on KVdR membership clear.

The ruling brings to the fore the need for insured persons to carefully check their previous insurance periods before submitting an application in order to avoid financial disadvantages. If anything is unclear, experts recommend consulting with your health insurance company or a pension advisory service.

Newer developments and financial relief

On the other hand, the Federal Constitutional Court surprisingly stopped the 90 percent compulsory insurance hurdle for pensioners. This means that those with voluntary statutory health insurance can switch to the KVdR under certain conditions. A newly introduced option allows pensioners to permanently switch to cheaper health insurance, which allows them to save significantly.

All phases of membership in the statutory health insurance (GKV) now count towards the pre-insurance period. This change to the KVdR can save several hundred euros per year. While voluntarily insured people pay around 15.9% of all retirement income, the burden in the KVdR is a good 8%. With an old-age pension of 1,400 euros, a pensioner saves around 1,100 euros in contributions per year through membership in the KVdR.

The ruling and the new developments offer pensioners both challenges and opportunities. Those interested should take a closer look at their insurance situation in order not only to know their rights, but also to benefit from the latest regulations.

Pension notice24 reports that the strict deadline regulations can lead to significant financial disadvantages. At the same time shows Against Hartz that there are ways to overcome these disadvantages and benefit from new legal regulations.