Source: BUS Sachsen-Anhalt (Linie6Plus)

Applying for a reduced earning capacity pension from the Agricultural Pension Fund

Description

To mitigate any loss of income that may occur, the agricultural pension fund (LAK) will support you if you can no longer work, or can only work to a limited extent, due to illness. Farmers can apply for either a pension due to full reduction in earning capacity or a pension due to partial reduction in earning capacity. Family members who work with the farmer can also receive reduced earning capacity pensions.

You can apply for a reduced earning capacity pension if you are

are partially or fully incapacitated for work,
you have completed the minimum insurance period (waiting period) of 5 years, and
you have made compulsory contributions for at least 3 years in the last 5 years prior to the onset of the reduction in earning capacity or have completed equivalent periods in other pension schemes.

If, according to a medical examination, you are still able to work between 3 and 6 hours per day, you are partially incapacitated.

You will receive a full reduced earning capacity pension if

According to a medical examination, you can only work less than 3 hours a day on the general labor market.
Your remaining capacity is 3 to under 6 hours, but you cannot find a job due to the labor market situation.

Before you can receive a reduced earning capacity pension, the LAK will check whether your earning capacity can be restored through medical rehabilitation.

The amount of the pension is calculated individually on the basis of the contributions paid up to the time of your reduced earning capacity. If you retire earlier, you will generally receive additional periods, but you will also have to reckon with deductions when calculating your pension. A pension for partial reduction in earning capacity is half of a pension for full reduction in earning capacity.

Accumulated periods:

If you have to retire at a young age due to an illness, additional periods can usually be taken into account. With the so-called "Zurechnungszeit" (credited period), it is assumed that you continued to work after the onset of your reduction in earning capacity and thus continued to pay contributions. However, this non-contributory and pension-increasing credited period is limited to a certain age limit.
The age limit up to which contributions are deemed to have been paid will be gradually raised to age 67 by 2031.

Deductions

If your pension starts before the age limit that applies to you, you will have to accept deductions. For each month that you retire earlier, the deduction is 0.3 percent, up to a maximum of 10.8 percent in total.
As a rule, the deductions apply for the entire duration of your pension. Changes may occur when you reach your standard retirement age.

Additional earnings

If you still feel fit enough, you may earn some additional income on top of your reduced earning capacity pension. Although this does not extinguish your pension entitlement, it may affect the amount of your reduced earning capacity pension. High additional earnings can lead to a complete reduction of your pension. However, this only applies if you have not yet reached the standard retirement age, i.e. if you have retired early. If you have reached the standard retirement age, you can earn an unlimited amount of additional income without it being offset against your pension for reduced earning capacity.

Prerequisites

You are unable to work in the general labor market due to illness or disability.
- work less than 3 hours a day (full reduction in earning capacity) or
- work at least 3 hours but less than 6 hours a day (partial reduction in earning capacity).
You cannot improve your earning capacity again through medical rehabilitation.
You have completed the minimum insurance period (waiting period) of 5 years.

The waiting period of 5 years takes into account all compulsory contributions as well as voluntary contributions which you have paid or which are deemed to have been paid to the agricultural old-age insurance fund. Contributions for periods prior to 01.01.1995 are generally only taken into account if they have been paid without interruption.

If a pension equalization was carried out in your favor, the transferred entitlement will be converted into waiting period months.

Periods from other pension schemes:

Periods from other pension systems, for example, periods in the statutory pension insurance scheme, can also be counted towards your waiting period.
If the third-party periods overlap with those of the agricultural old-age insurance fund, the third-party periods cannot be credited at the same time.
- This also applies if you were exempt from compulsory old-age insurance as an entrepreneur during the same period.
- On the other hand, an exemption from compulsory insurance as an assisting family member does not prevent third-party periods completed during this time from being credited.

The following periods may be credited:

Compulsory contribution periods to an institution of the statutory German pension insurance and equivalent periods of the social insurance of the former GDR,
Periods of exemption from insurance in the statutory pension insurance, for example as a
- civil servant
- judge
- professional or temporary soldier, and
- as any other person covered by a civil service pension scheme
periods of exemption from compulsory insurance in the statutory pension insurance, for example
- Employees and self-employed persons who belong to a professional pension scheme
- teachers and educators at private schools, if they are covered in the same way as civil servants
certain foreign periods under supranational and intergovernmental law.

You have made compulsory contributions for at least 3 years in the last 5 years before your reduction in earning capacity or have completed equivalent periods in other pension schemes.

Required documents

valid identity card or passport
List of your health disorders
Names and addresses of your attending physicians
all details of medical examinations by public authorities such as the health insurance fund, employment agency or employers' liability insurance association
Details of your hospital and rehab stays over the past few years
if the application is submitted by other persons:
- Power of attorney or
- Order of the court

Deadlines

Application for the pension: by the end of the 3rd calendar month after the end of the month in which you meet the eligibility requirements.
Payment of the pension: from the calendar month in which you meet the eligibility requirements for the pension.

Note: If you apply for the pension later, it will be paid from the calendar month in which you applied for the pension.

Legal remedy

An appeal against the decision on the reduced earning capacity pension can be lodged within one month (3 months abroad) of its notification. If the appeal is unsuccessful, there is the possibility of an action before the social court.

Applications / Forms

Forms available: Yes
Written form required: Yes
Informal application possible: Yes
Personal appearance required: No
Online services available: Yes

Procedure

You can apply for a reduced earning capacity pension in writing, in person or online:

Written application:

Download the application and enclosure form for pension due to reduced earning capacity on the website of the Social Insurance for Agriculture, Forestry and Horticulture (SVLFG). Fill it out completely and assemble the required documents.
You can send your completed and signed application with the required documents by mail to your Landwirtschaftliche Alterskasse.
Your agricultural retirement fund will review your application. You will receive a written decision by mail or in your electronic mailbox at SVLFG.

Note: A person you trust can also submit your pension application on your behalf. To do so, please submit a corresponding power of attorney to your agricultural pension fund. As long as the power of attorney is valid, your Landwirtschaftliche Alterskasse will only contact your authorized person.

Submitting your application in person during the consultation:

Gather the documents you need to file your application and make an appointment at the Landwirtschaftliche Alterskasse or an SVLFG counseling center.
During your consultation, your pension application will be recorded.
Your Landwirtschaftliche Alterskasse will review your application. You will receive a written decision by mail or in your electronic mailbox at SVLFG.

Submitting your application online:

Go to the SVLFG online portal and log in.
Fill out the form and upload the necessary documents. Then submit your pension application online. You will receive the application as a PDF in the online mailbox.
Your agricultural pension fund will review your application. You will receive a written decision in your electronic mailbox at the SVLFG.