Federal Social Court: Mother's pension remains despite dispute over pay points!

Federal Social Court: Mother's pension remains despite dispute over pay points!

Recently, a ruling by the Federal Social Court sparked discussions about mothers' pensions and the crediting of earnings points for periods spent raising children. At the center of the event was a working mother who brought her income up to the contribution assessment limit of 96,600 euros while raising children. The court decided that the pension insurance may limit the salary points for raising children to a maximum limit. [Rentenbescheid24](https://rentenbescheid24.de/grundsatzjudg-income-darf-an-muetterrente-anrechnung- Werden/) reports that the plaintiff cited several fundamental rights in her argument, including the protection of the family and the right to property.

The plaintiff felt disadvantaged because she was apparently treated unfairly compared to existing pensioners, who often received higher supplements. However, the court's decision dismissed these concerns and made clear that the cap on pay points for both contributions and benefits was constitutional. The regulation is not only legally legitimate, but also objectively justified. The maximum values ​​for earnings points from contribution periods and raising children were considered permissible because they are in line with the provisions of SGB VI.

A look at the numbers

The maximum value limit for earnings points for 2025 is 1.9131 EP, which leads to a monthly pension of 78.03 euros (gross) for the maximum attainable earnings points. The judgment, dated October 16, 2019, remains legally binding even after this decision. The plaintiff, born in March 1950 and mother of two children, was originally dissatisfied with her pension decision, which set a standard old-age pension of 1,065.20 euros, which also took into account the recognized child-rearing periods.

The background to the limitation of pay points is that the legislature wanted to draw a clear line here. The assessment of child-rearing periods is carried out in accordance with Section 70 SGB VI and provides for a maximum limit on earnings points in order to keep pension entitlements in balance. Social Insurance Competent explains that the differentiation between existing and new pensioners is viewed as justified from a constitutional point of view.

Mother's pension in general

But what is actually behind the concept of a mother's pension? The introduction of the mother's pension in 2014 and the expansion of the mother's pension II in January 2019 were intended to improve the recognition of parenting periods for children born before 1992. Deutsche Rentenversicherung points out that up to 2.5 years of child-rearing can be taken into account for each child born before 1992, which is up to 2.5 Compensation points correspond to the pension account.

The mother's pension is particularly valuable for everyone who relies on financial support in old age. If there are several children, the child-rearing period is extended accordingly and fathers and other parents are also entitled to this regulation. However, the political discussion remains exciting: plans for a mother's pension III, which the CDU/CSU and the SPD are aiming for, are still in the stars.

Overall, it is clear that the topic of pension entitlements and in particular mother's pensions continues to cause emotions and the discussion about fair pension provision will become even more intense in the future.