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The decreased earning power designates illness and/or handicap-conditioned physical and/or psychological condition, which limits to earn the ability of humans, its living costs with the practice of a vocational activity. In Germany this term plays a role particularly for a pension because of acquisition reduction from the legal old age pension insurance.
With the entry into force of the law for the reform of the pensions because of decreased earning power to 1 January 2001 (BGBl. I P. 1827 from 20 December 2000) was seized the law, which regulates a requirement, again. The terms occupation and disability are completely been void and thus in principle also the past job protection. An exception is the pension because of partial acquisition reduction with inability to work. The special arrangement applies to before 2 January 1961 born Versicherte ("§ 240 social legislation VI). These enjoy job protection on basis of their vocational qualification. Importantly: To note it is however that also for this circle of acquaintances the old inability to work pension (2/3 of the full pension) was void; who in accordance with "§ 240 social legislation VI is unable-to-work, only the pension receives 50% of the full pension because of partial acquisition reduction with inability to work, thus only!
By 31 December 2000 the old term applied disability-disabled in the sense of the legal old age pension insurance was Versicherte, which because of illness or handicap are on not foreseeable time unable to exercise a gainful employment in certain regularity or to obtain pay or earned income, some seventh of the monthly base factor (to 31. March 2003 630 DM/325 EUR) exceeds. Was not disabled, who exercises an independent activity or vollschichtig can exercise an activity. Is not the respective job market situation to consider ("§ 44 exp. 2 SGB VI ith D. F. until 31 December 2000).
The old designation disablement does not give it for a long time any longer. In the rest of soft also those already no longer valid terms occupation and disability from the disablement. Until December 2000 in the pension right defined disability included disablement. Disablement lay thereby by definition between occupation and disability.
Statements about are missing how the remaining half worker beside the partial acquisition reduction decrease is treated: during ill posting partial sickpay, with ability to work partial time job, with unemployment partial unemployment pay!
Statements about are missing how the remaining half worker beside the partial acquisition reduction decrease is treated: during ill posting partial sickpay, with ability to work partial time job, with unemployment partial unemployment pay!
Contrary to the past regulation the new definitions make by far higher demands against the necessary reduction of the earning power. So far an insuring received the inability to work pension, if a job protection was present. An inability to work was present already if the Versicherte were not any more in the conditions to exercise the learned professional activity or however a reasonable reference activity. Today the applicant (with exception "§ 240 social legislation VI, s.o.) can be referred to each activity of the general job market. A leading foreman could bspw. still as cashiers on a collective register for at least six hours daily work and would be thus in no way acquisition-reduced. Each reference is possible, a social descent actual in demarcation irrelevant for past regulation -. Under normal conditions a concrete reference activity does not even have to be designated by the old age pension insurance.
In former times was the normal case that the pension is paid in the long term. The exceptional case was, if an improvement were probable that the pension was paid only on time. Job market pensions were always granted as annuity.
Since 1 January 2001 the annuity is the normal case (at least this is so intended by the legislator). Only if an improvement is improbable, the pension can be granted in the long term. Job market pensions are always granted on time. The waiting period in such a way specified for a pension because of decreased earning power amounts to five years time-period of insurance (contribution and spare times). As the further insurance-legal presupposition for claim the "3/5 allocation" exists, i.e. being present at least 3 years compulsory contributions in the period of 5 years before the entrance of the acquisition reduction. To training (during the training and up to six years after completion of the training) or with industrial accident and/or occupational illness special arrangements apply, so that possibly already with the entrance into the insurance from the first day at insurance protection exists ("§ 53 SGB VI).
In the case of temporally unlimited grant: The pension begins with the month following on the entrance of the acquisition reduction. This applies however only, if the request is placed within three calendar months after entrance of the acquisition reduction. In the case of temporally limited grant: The pension becomes starting from beginning of the 7. Calendar month after entrance of the reduction of the earning power performed ("§ 101 Abs 1 SGB VI).
If an insurant apart from the pension additionally a vocational activity to exercise would like is income maximum limits to be considered. An additionally locked private inability to work insurance does not represent Hinzuverdienst in the case of achievement and has thus no influence on the achievements of the legal pension-paying institution.
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