Pension shock: Court stops retroactive payments despite advice errors!

Pension shock: Court stops retroactive payments despite advice errors!

A landmark ruling recently caused a stir in social law. The Baden-Württemberg State Social Court decided on June 26, 2025 in the case of a plaintiff who was born in 1957 and was planning her transition to the old-age pension for those who have been insured for a particularly long time. In September 2021, the plaintiff received incorrect written pension information from the German Pension Insurance, which left her unclear about her entitlements. Rentenbescheid24 reports that she was informed that she could earn additional income of up to 6,300 euros annually once she reached standard retirement age without there being a reduction in her pension. This turned out to be wrong because higher additional earnings limits applied due to the pandemic.

Despite her 415 verifiable months of pension insurance, the information indicated that she had not completed the required waiting period of 45 years. This led to the pension company asking her to submit documents to clarify her account, which she initially did not do. In December 2021, the woman finally applied for the old-age pension, but only from that point onwards, as retroactive payments from September 2021 were rejected. The plaintiff argued that if she had received the correct information, she would have submitted her application earlier.

Court order and causality

The Karlsruhe Social Court initially ruled in favor of the plaintiff and promised pension payments from September 2021. But when the German pension insurance company appealed, the decision was overturned by the state social court. In its ruling, the court acknowledged the error in advice, but emphasized that there was still no causal connection. Even if she had received the correct information, the plaintiff would not have been able to receive her pension earlier due to the waiting periods not being met. It should be noted that an error in advice does not automatically lead to a claim for retroactive payments. It is therefore crucial to monitor your claims thoroughly, especially waiting times.

However, social security regulations are not only shaped by national laws, but also by European regulations. The German Pension Insurance points out that European law, in particular the regulations on social security, applies to citizens of all EU member states. This also includes the aggregation of periods of insurance in different Member States, which facilitates access to pension rights.

Germany also has social security agreements with many countries that regulate the acquisition of pension rights. These are also subject to the specific conditions that apply to the respective country of residence. For example, pensions can be transferred to bank accounts abroad; this also applies to surviving relatives and migrants from third countries under certain conditions.

A look at prevention factors

Overall, it is clear that precise documentation and comprehensive information are of crucial importance both in the area of ​​pension insurance and in health aspects. It is worth always keeping a close eye on your own requirements.