Unemployed and retirement at 60 years old.
June 4, 2010 | 30,00 EUR | answered by Steffan Schwerin
Hello,
I will turn 60 years old in October and I am currently looking for work. On December 31, 2004, I was terminated after 31 years of employment at the same company. I must mention that I have been continuously ill since October 2002, and was then removed from sick leave benefits in mid-2004. The company saw no possibility to continue employing me due to my health prognosis, hence the termination. Despite numerous job applications, I have not been able to secure full-time employment until now. Therefore, I had planned to retire early at the age of 60. However, I have heard from an acquaintance that this would not be possible for me, as I should have registered as unemployed by January 1, 2004. This came as a blow to me as I had firmly believed that I would be able to retire at 60 with deductions, as I have always earned well and also received company pension. All in all, I would still have more than I do now with Hartz4 and a part-time job, and I would no longer depend on the job center. The prospect of having to live on Hartz4 for another 3 years is very depressing to me, as the chances of finding a job are practically zero. I find the rule from January 1, 2004 unjust, as I have been out of full-time employment for almost 8 years (including sick leave periods). Perhaps you have a tip for me on how I can still retire at the age of 60. Thank you very much!
Dear questioner,
I will answer the questions you have raised taking into account the circumstances described and your commitment as follows:
Insured persons born before January 1, 1952, who had a legally binding arrangement regarding the termination of their employment before January 1, 2004, or were unemployed on that date, are not affected by the recent increase.
The legally binding arrangement includes the following cases:
- The employment relationship terminates due to a termination or agreement made before January 1, 2004, after December 31, 2004.
- An agreed fixed term of the employment relationship or the approval of a temporary labor market policy measure has the same effect.
- A partial retirement in accordance with §§ 2 and 3 para. 1 no. 1 ATG was agreed before January 1, 2004.
If the protection of legitimate expectations is given, an early claim for old-age pension is possible for birth cohorts 1946 to 1951 due to unemployment or partial retirement from the age of 60 with a permanent reduction of 18 percent.
Many factors lead to unemployment, some of which cannot be influenced. Nevertheless, a certain proportion of pension is granted to everyone.
Old-age pension due to unemployment or after partial retirement is granted to those who:
- were born before January 1, 1952,
- have reached the age of 60,
- either a) are unemployed at the start of the pension and have been unemployed for a total of 52 weeks after reaching the age of 58 years and 6 months, or
- b) have reduced their working hours due to partial retirement for at least 24 calendar months,
- have paid compulsory contributions for at least eight years in the last 10 years, and
- have fulfilled the waiting period of 15 years.
In order to receive this pension as a full pension, it is necessary to give up employment or self-employment or not earn more than €400 additionally in the future and also not have a spouse.
For this pension, the retirement age was raised from 60 years to 65 years in the period from January 1, 1997, to December 31, 2001. Those born after November 31, 1941, up to and including 1945, receive this pension without a reduction only after reaching the age of 65. The pension can be claimed from the age of 60, but then a reduction must be accepted. This can be up to 18%.
For insured persons born after December 31, 1945, the retirement age for early retirement was gradually raised from 60 years to 63 years. Insured persons born before January 1, 1952, who had a legally binding arrangement regarding the termination of their employment (e.g. termination agreement or partial retirement agreement) before January 1, 2004, or were unemployed or received adjustment money for dismissed miners on that date, are not affected by the increase in retirement age. If these requirements are met, an early claim for old-age pension is possible from the age of 60 with a permanent reduction of 18% for birth cohorts 1946 to 1951.
For insured persons born after December 31, 1951, this pension has been abolished.
I would like to point out that this platform cannot replace a detailed and personal legal consultation. The sole purpose is to provide an initial rough assessment of your legal issue based on the information you have provided by a lawyer. The legal advice I provide is based solely on the information you have provided. Adding or omitting relevant information in your description of the situation can lead to a completely different legal assessment.
I hope I have provided you with an initial overview and that my explanations are helpful. Please feel free to contact me through the follow-up option on this platform.
Furthermore, I am of course available for further legal representation. The initial consultation fee paid would be fully credited.
A greater distance between lawyer and client is generally not a problem. With the help of modern communication tools such as email, mail, fax, and telephone, legal representation is also possible.
Sincerely,
Steffan Schwerin
Lawyer
Law Office Steffan Schwerin
Golmsdorfer Straße 11
07749 Jena
Tel.: 03641 801257
Fax: 032121128582
Email: raschwerin@raschwerin.de
Website: www.raschwerin.de
