Witwen pension in danger: BSG judgment brings high reclaims!

Witwen pension in danger: BSG judgment brings high reclaims!

The Federal Social Court (BSG) has brought about a far-reaching change for many survivors with a fundamental decision on the widow and widower's pension. According to Merkur , this decision could have far-reaching financial consequences. In the specific case, a widow born in 1952, which has been drawn to a small widow's pension since 1992 and from 1997, a repayment of over 12,602 euros was imposed on the German Pension Insurance (DRV).

The recovery resulted from the fact that the widow had received positive income from her independent work as a showman during 2007 to 2016. The tax office did not determine any income tax due to a tax loss submission, which resulted in the fact that its income was not counted towards the widow's pension. After the DRV became aware of these positive income, it called for the repayment of the overpaid pension.

directional decision of the BSG

The BSG decided that when calculating the widow's pension, only the actually available income of the bereaved counts. Tax loss submissions are not taken into account, which means that past tax losses must not have any effects on the amount of the widow's pension. This was clearly emphasized in the decisions of the court and emphasized that the purpose of the survivor is to replace the maintenance that the deceased can no longer do.

The judges pointed out that the survivor of the bereaved is counted because it enables the person concerned. This regulation ensures that only those received a widow's pension that cannot provide themselves. According to pension notice24 in particular, self-employed widows and widower are in industries in which income fluctuations or loss lectures are affected by this decision.

recommendations for survivors

With regard to the changing regulations, the bereaved is advised to document their current income transparently and to check pension notices for their contestability. A possible change in the law could also lead to a recalculation of the survivor's pension next year, which could result in further adjustments. These developments could also lead to the fact that many pensioners from 2025 will be confronted with hidden pension cuts, since the BSG has decided on the basis of Section 18a (2a paragraph 2a SGB VI that previous tax losses in the calculation of pension must be left out in order to ensure that the relatives are given financial protection if a spouse dies.

The decision of the BSG therefore clearly shows that a new era of pension calculation begins for many survivors, which could significantly influence their financial situation. In this changed legal situation, you have to adjust to the need to carefully monitor your income situation and react accordingly.