Court rejects lawyer's pension claim due to lack of evidence

Court rejects lawyer's pension claim due to lack of evidence

A court ruling in March 2025 is causing a stir in the retirement planning of the self-employed and pensioners. The State Social Court of North Rhine-Westphalia dealt with an exciting case involving a retired lawyer who wanted to claim missing pension contributions. The man had tried to smuggle several mentions from his professional biography into the pension insurance: his community service, his time as a self-employed lawyer and his phase of unemployment.

To be specific: He wanted his timecommunity servicefrom July 1st, 1975 to October 31st, 1976, his self-employed work as a lawyer from 1988 to 2004 and the time he was employedunemploymentbetween October 2007 and February 2008. But his efforts fell on thin ground. The application to the German Pension Insurance (DRV) was rejected without explanation because it lacked the appropriate supporting documents. An attempt at the Cologne Social Court had already failed in 2018 and the appeal had no effect either.

The verdict and its consequences

The court made it clear that the applicant could not provide evidence that he had actually paid pension contributions. As far as community service is concerned, the check revealed that the deadline for additional payment had already expired. The regulations state that additional payments for pension portions that date back before 1992 are only possible in special cases of hardship, but this was rejected here.

The situation for self-employment was also difficult. Before 1999 there was no compulsory insurance for bogus self-employment, and after 1999 no contributions were paid either. Here too, the deadline for additional payment had long since expired. During the unemployment phase, the plaintiff was also unable to provide any evidence of basic unemployment registration or receipt of unemployment benefit.

The threatening consequences of false self-employment

In this context the problem ofFake self-employmentagain clear. This form of employment has not only legal but also financial consequences for everyone involved - both contractors and clients. If employment relationships are incorrectly classified, those affected often do not know that they are in a position relevant to social security law.

A look at the legal framework shows that compulsory insurance often begins retroactively as soon as employment relevant to social security law is established. In particular, this is regulated by the status determination procedure of the German pension insurance, which is intended to help clarify such differences. Employers risk high additional payments for social security contributions if they do not behave correctly, which becomes particularly clear during a company audit.

The debate surrounding the topic shows how important it is that both self-employed people and companies are clear about their rights and obligations. Especially in times of platform work and flexible contractual arrangements, it is crucial that the differences between true self-employment and dependent employment are known. These include, among other things, characteristics such as being bound to instructions or even bearing entrepreneurial risk, which are often overlooked.

The ruling by the State Social Court underlines the central message: If you want to avoid unpleasant surprises when you reach retirement age, you should ensure clarity about your contribution account in good time. Otherwise, the pension account will empty at an inopportune time, and this has not only individual but also social relevance.

For further information on this topic and the legal background, interested readers can read the articles from Pension notice24, Haufe and German pension insurance consult.