Applying for a full pension without full health insurance coverage.
December 19, 2015 | 30,00 EUR | answered by Bernhard Müller
I have been living in Asia for many years, which I can prove through my numerous visas and stamps, but I still have a "pro forma" residence in Germany. I am insured with HCI (Health Care International), a health insurance specifically for expats which only covers hospital stays, not outpatient visits or medications. Next year, I plan to apply for my normal retirement pension and would need to provide proof of a health insurance that is equivalent to a German statutory health insurance, which I obviously cannot do. However, in Germany there is a mandatory full health insurance requirement, so I am concerned that if my underinsurance is discovered, I may have to make back payments from 2009 onwards. To avoid this insurance obligation, I am considering moving my residence to Asia, but this would be disadvantageous for things like credit cards, bank accounts, etc. What do you advise me to do? Thank you for your response.
Dear inquirer,
Whether you receive old-age pension depends on the SGB VI. It is only relevant whether you are insured for a pension, fulfill the waiting periods, etc.
Being insured for health care is not a requirement for receiving a pension.
Whether you are obligated to have health insurance is determined by § 5 SGB V. If an insurance obligation is established due to receiving the pension, this does not happen retroactively, but only from the point at which you start receiving the pension. Your concern about back payments from 2009 is therefore likely unfounded if you were not previously obligated to have health insurance. However, if you were previously obligated to have health insurance according to § 5 SGB V, this obligation does not disappear retroactively if you now change your place of residence.
Whether you will be obligated to have health insurance as a retiree depends specifically on § 5 paragraph 1 no. 11, 12, and 13. Numbers 11 and 12 do not seem to apply based on your description. An obligation to have insurance may only apply to you under no. 13.b). However, an obligation under § 5 paragraph 1 no. 13.b) does not require that you receive a pension. If there is an obligation, it has been in place since April 1, 2007, when no. 13 was added. You cannot retroactively avoid the insurance obligation from April 1, 2007 until you change your place of residence.
Therefore, I advise against changing your place of residence.
Sincerely,
Bernhard Müller Attorney at Law
