Can I as a foreigner in Germany receive benefits from the pension insurance?
October 11, 2023 | 40,00 EUR | answered by Christian Voigt
Dear lawyer,
My name is Dirk Heuser and I am a foreigner. I have been working in Germany for several years and regularly contribute to the pension insurance. Now I am wondering if, as a foreigner, I can also receive benefits from the German pension insurance.
My situation is as follows: I came to Germany from an EU country to work and earn a living. I have a permanent residence in Germany and work for a company that also contributes to the German pension insurance on my behalf. I have not received any information so far about whether I, as a foreigner, have a right to benefits from the German pension insurance.
Currently, I am regularly paying contributions to the pension insurance, but I am unsure if I will receive benefits in case I apply for a pension. I am concerned about whether my contributions as a foreigner are sufficient to claim pension benefits. I also wonder if there are any specific regulations or conditions that I, as a foreigner, need to consider in order to receive benefits from the pension insurance.
Therefore, my question to you is: Can I, as a foreigner in Germany, receive benefits from the pension insurance? If so, under what conditions and terms? Are there any specific regulations that I, as a foreigner, need to consider in order to claim my pension entitlements? I would greatly appreciate a detailed legal assessment and possible solutions in this matter.
Thank you in advance for your support.
Sincerely,
Dirk Heuser
Dear Mr. Heuser,
Thank you for your inquiry regarding your pension rights as a foreigner in Germany. As a lawyer specializing in social security law, I can provide you with the following information:
In general, foreigners who are employed in Germany and contribute to the German pension insurance system are entitled to benefits from the pension insurance system. It does not matter whether you are a citizen of an EU country or a third country. What is crucial is that you have your residence in Germany and are engaged in an employment subject to social security contributions.
Pension entitlements are determined according to the general provisions of German pension law. This means that your contribution periods and contributions to the pension insurance will be taken into account, regardless of your nationality. Therefore, in principle, as a foreigner, you can also apply for pension benefits if you meet the corresponding requirements.
To claim your pension rights, you usually have to reach the statutory retirement age or fulfill certain conditions to receive early retirement benefits. Additionally, there are different types of pensions such as disability pension or survivors' pension, to which you might also be entitled under certain conditions.
However, it is important to note that there may be specific regulations and conditions that apply to foreigners. For example, you may need to provide certain evidence of your employment and contribution periods or there may be peculiarities in the pension calculation. Therefore, I recommend seeking individual advice and having your pension entitlement specifically checked.
Overall, you should not worry about whether you can receive benefits from the pension insurance system as a foreigner in Germany. If you regularly pay contributions and meet the requirements, you are generally entitled to pension benefits. I am happy to provide you with detailed advice and support you in asserting your pension rights.
Best regards,
Christian Voigt
Lawyer specializing in social security law
