Judgement Review Ruling of the Federal Social Court (“Bundessozialgericht – BSG”) on behalf of the Statutory Pension Insurance

• Applicable Law for Invalidity Pensions
• Review of the Rulding of the 13th Senate of the Federal Social Court as of November 29, 2007 – Reference Number: B 13 R 18/07 R – Continuation of the Ruling of the 13th Senate as of September 8, 2005 – Reference Number: B 13 RJ 10/94 R

Authors: Dr. Dana Matlok, Manuela Vogel/Location: Berlin

With its ruling as of September 8, 2005, the 13th Senate of the Federal Social Court decided that the entitlement to a disability pension is subject to the law applicable until December 31, 2000, if the reduction of work ability already existed before the disability pension reform act (“EM-ReformG”) came into force and if the pension commenced not until January 1, 2001 (see section 101 paragraph 1 of the Social Code VI (“Sechstes Buch Sozialgesetzbuch – SGB VI”)). The 13th Senate continued this jurisdiction with its ruling as of November 29, 2007, reference number: B 13 R 18/07 R, and concretized the ruling as of September 8, 2005, reference number: B 13 RJ 10/04 R: A pension application filed by March 31, 2001 at the latest is a pre-condition for the payment of a vocational disability pension (“Berufsunfähigkeitsrente”) according to the law applicable until December 31, 2000. The ruling is of general importance, not only as to disability pensions, but for all applications of law that are based on an amendment of the Social Code VI.

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