Statutory pension insurance | Can a low-value basic pension supplement be excluded from the VA?

12/16/2024 · Technical article · Statutory pension insurance

by VRiOLG aD Hartmut Wick, Celle

| The compensation of basic pension salary points from the statutory pension insurance (GRV) is associated with a not insignificant additional administrative burden for the insurance provider concerned, which can justify refraining from compensating a low-value entitlement. However, within the scope of the discretionary decision to be made in accordance with Section 18 Paragraph 2 VersAusglG, the specific personal and economic circumstances of the spouses as well as the vote of the insurance provider concerned must be taken into account. The BGH decided this. |

Facts

During the marriage, both spouses exclusively acquired GRV rights. The earnings points (EP) of M have a higher compensation value than those of F. In addition, F has acquired a supplement to EP for long-term insurance in accordance with Section 76g SGB VI (so-called basic pension EP) with a compensation value that is below the de minimis limit of Section 18 Paragraph 3 VersAusglG. The AG has ordered the internal division of all pension rights of the spouses. In response to the complaint from the German Pension Insurance (DRV), the Higher Regional Court ruled out compensation for F's acquired right to basic pension EP. M's legal complaint against this was unsuccessful (BGH 5.6.24, XII ZB 277/23, access number 243062).

Reasons for the decision

Entitlement to basic pension EP meets the requirements of Section 2 Paragraph 2 VersAusglG and must therefore be taken into account in the VA. You are already regularly ready for compensation during the qualifying phase. S.v. § 19 Paragraphs 1 and 2 VersAusglG and thus already included in the value adjustment in the event of a divorce. The basic pension supplement can be omitted later, as income is taken into account during the benefit phase, Section 97a SGB VI. However, from the outset this does not affect the special reference value of the entitlement, the basic pension EP, and therefore neither calls into question the sufficient consolidation of the basic right nor does it lead to the compensation being uneconomical (BGH FK 23, 193).