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Pension trouble after disappearance: heirs have to pay back over €32,000!
The Konstanz social court confirms the obligation to repay over €32,000 to the pension insurance after a death declaration.
Pension trouble after disappearance: heirs have to pay back over €32,000!
A tragic accident occurred in the summer of 2011: a pensioner disappeared during a swimming trip in Lake Constance and his body was never found. After years of uncertainty and emotional stress, the missing man's family received the man's official declaration of death in 2015. But that was by no means the end of the matter rentenbescheid24.de reported.
The German pension insurance initially stopped payments, but later resumed them - always with the reservation that repayment could be demanded. Ultimately, the pension insurance demanded over 32,000 euros back from the heirs in 2025 after the Konstanz social court confirmed this. A verdict that ended a years-long legal battle with high emotional and financial costs for the deceased's children.
A legal dispute with many facets
The family members - three children - fought in several instances, including before the Reutlingen Social Court and the Federal Social Court, but unfortunately their efforts were in vain. The central question for the heirs was: Can pension amounts that were wrongly paid be reclaimed from the heirs? The Konstanz Social Court decided clearly: the pension insurance company has the right to demand reimbursement. This resulted in a verdict that made the existing legal situation even more clear.
The court also noted that pension payments end upon official death and that overpaid amounts do not form part of the estate. For the heirs, this meant that they had to repay the reimbursement claims, even if they had used the money to maintain the value of the house. Their argument that they had not expected the claim did not help them, because protection of legitimate expectations in accordance with Section 45 SGB X was excluded.
Legal consequences and instructions for action
The ruling has far-reaching consequences for all heirs who find themselves in similar situations. The legal requirements that apply here are clear: heirs are jointly and severally liable. This means that the pension insurance company can approach any co-heir to reclaim the overpaid amounts. Statutory pension benefits cannot be inherited, and any overpaid pension amounts must be repaid without fail jura.cc explained.
The heirs should take care of reporting the death immediately in order to avoid incorrect pension payments. It is also advisable not to spend the overpaid amounts as they do not form part of the inheritance. Everything related to the death of the pensioner, such as the claim period for the quarter of death for spouses, should be applied for immediately to avoid financial disadvantages.
Banks and their obligations
Another aspect that is important in this context also concerns banks. In a similar case, the Munich Social Court decided that banks are not obliged to repay overpaid pensions if there are no more balances. The bank did not ignore these decisions and referred to legal requirements that only provide for repayment if the account has sufficient funds. This is also made clear in another judgment socialrightsiegen.de reported.
The unpleasant situation remains for the heirs: the reclaiming of overpaid amounts remains a complicated issue and should be addressed as early as possible and with legal support.