Definition and Legal Classification of the Parental Pension
Die Parental pension is a term in German social law that refers to a special type of survivor’s pension from statutory accident insurance. It is tied to the support of parents of a deceased insured person and serves to financially compensate for the loss of maintenance that the deceased child, for example through employment income, previously provided to the parents. The parental pension is regulated in Sections 67 to 69 of the Seventh Book of the Social Code (SGB VII).
Eligibility Requirements for the Parental Pension
Basic requirements
A claim to a parental pension from the statutory accident insurance requires that:
- The entitled person is a parent of the insured person (biologically or by adoption),
- the death of the insured person is the result of a work accident or occupational disease, and
- the deceased supported the parents predominantly or to a significant extent during the last year before the insurance case (§ 67 para. 1 SGB VII).
Step-parents may also be entitled under certain conditions, provided they occupied the position of a parent.
Assessment of Maintenance Claim
The amount of the parental pension depends on how much the parents depended financially on the maintenance provided by the deceased child. The decisive question is whether:
- a ‘predominant’ maintenance contribution was provided by the insured, or
- ‘significant’ contributions to the maintenance of the parent were made.
Courts and insurance bodies assess this based on actual financial contributions in relation to the living needs of the entitled parent.
Eligible Persons and Exclusion Criteria
Generally, biological or adoptive parents are eligible. Eligibility only exists if the child entitled to maintenance was obliged to provide maintenance to the parents at the time of death (under certain conditions, this may also include parents-in-law or foster parents). The entitlement can lapse or be restricted if the parent entitled to maintenance has sufficient income or assets of their own.
Multiple Entitlements
If several parents are entitled, the parental pension is provided proportionally. The division is made according to the share of maintenance.
Exclusion for Personal Reasons
The entitlement to a parental pension is excluded or may be reduced if:
- the parent has intentionally or through gross negligence contributed to the death of the insured, or
- there has been a serious misconduct toward the insured person (§ 66 para. 2 SGB VII).
Calculation and Amount of the Parental Pension
Assessment Basis
For the calculation of the parental pension, the deceased insured’s annual earnings (JAV) serve as the basis. The parental pension amounts to up to 20 percent of the JAV if full maintenance was provided by the child.
Tiering Based on Maintenance Contribution
- For predominant maintenance: Up to 20 percent of the JAV
- For significant maintenance: Up to 10 percent of the JAV
The amount is determined according to the individual maintenance needs and the actual maintenance provided by the insured.
Consideration of Own Resources
The income and assets of the parent are taken into account. If the income exceeds a certain exemption threshold, the parental pension is accordingly reduced or ceases.
Payment and Duration
The parental pension is paid monthly. As a rule, it ends when the entitled person dies or is no longer in need due to the child’s death (e.g. by joining a new household in need).
Legal Foundations
The relevant regulations are found in particular in:
- §§ 63-69 SGB VII (Statutory Accident Insurance – Benefits for Surviving Dependents)
- General administrative regulations and implementation orders of the accident insurance providers
In addition, the respective statutes of the accident insurance providers may contain detailed regulations, for example regarding the application process, payment, or requirements to provide evidence.
Procedure for Granting the Parental Pension
Application
The parental pension must be applied for in writing to the relevant statutory accident insurance provider. As a rule, supporting documents proving the family relationship, evidence of actual maintenance payments, and information about income and assets must be enclosed.
Administrative Procedure
After the application has been submitted, the accident insurance provider examines whether the eligibility requirements are met. Within a specified period, a decision is issued, either granting or denying the parental pension. In the event of a denial, there is a right to appeal (objection and, if applicable, legal action before the social court).
Relation to Other Benefits
Offsetting Against Other Survivor’s Benefits
The parental pension is essentially granted independently of any other survivor’s pensions from the statutory accident insurance. It is provided in addition to pensions for widows, widowers, or orphans, but these types of benefits can be offset against each other if a double payment is made due to the same maintenance relationship.
Parental Pension and Other Social Benefits
The parental pension may be credited against other social benefits, such as basic security in old age or on account of reduced earning capacity. The general social law regulations on income offsetting apply in this respect.
Practical Relevance and Importance
In practice, the parental pension occurs less frequently compared to other survivor’s benefits from statutory accident insurance, since parents are often no longer economically dependent on their children. Nevertheless, for affected survivors, the parental pension is an important social benefit if the deceased’s income actually contributed to securing the livelihood of the parents.
Summary
The parental pension is a special survivor’s pension under statutory accident insurance, aimed at providing financial security to parents for the loss of support following the death of their child in an insured work accident or due to an occupational disease. Granting the benefit is subject to strict legal conditions regarding need and the extent of actual maintenance provided. The parental pension plays a complementary role in the context of social security and family support benefits, supplementing the broader survivor protection under SGB VII.
Note: The information in this article refers to the legal situation in Germany and is valid as of 2024. Changes due to future legislation are possible.
Frequently Asked Questions
What legal requirements must be met for a claim to a parental pension?
To be eligible for a parental pension, several legal requirements under the Social Code (SGB) must be fulfilled. First, it must be proven that the person entitled to claim – usually a surviving parent – has suffered a loss of maintenance due to the death of the child obligated to provide support. The deceased must have demonstrably provided maintenance or at least significant maintenance contributions that were essential for the parents’ livelihood. Additionally, a close, verifiable family relationship must be demonstrated, generally with official documents (e.g., birth certificate). The decisive legal basis is § 48 SGB VI (for statutory pension insurance). Furthermore, an application for parental pension must be submitted to the competent pension insurance provider, and the death must not have been caused by intentional, unlawful conduct of the entitled parent, as otherwise the right to a pension lapses under § 66 SGB I. Additional exclusion criteria apply, such as ongoing employability or high maintenance needs of the parent, which are assessed on a case-by-case basis.
How is the amount of the parental pension determined by law?
The amount of the parental pension is calculated in accordance with the provisions of statutory pension insurance and depends on the periods of insurance and the contributions (pension points) paid during the deceased child’s working life. The calculation basis is the applicable pension value, as well as the pension points of the child at the time of death as recorded in the insurance record. The parental pension is generally granted as a share (depending on the proven amount of loss of maintenance and the number of eligible parents) of the actual survivor’s pension. Deductions or additions may apply, for example if the child died before reaching the age of 65 (§ 77 SGB VI). In addition, any income of the parents is taken into account, with exemptions being considered according to § 97 SGB VI. The calculation is complex and requires submission of all relevant pension documentation and an individual assessment by the pension authority.
What deadlines must be observed when applying for the parental pension from a legal perspective?
There is generally no rigid statutory limitation period for applying for a parental pension, but applications are usually retroactive for only up to twelve months from the month of application (§ 99 SGB VI). If the application is made more than one year after the death, potential pension payments for the earlier period are forfeited. It is therefore advisable to submit the application immediately after the child’s death, as authorities may require some processing time and additional documents may be requested. An exception applies if the delay was not the applicant’s fault, such as when the entitlement was not known; in this case, a grace period according to § 27 SGB X may apply. For the decision and payment of the pension, the submitted documents, such as the death certificate, proof of income, and proof of relationship, are required.
What effect does parents’ own income have on the parental pension?
The parents’ own income is credited against the parental pension according to the provisions of § 97 SGB VI. A legally defined exemption amount is taken into account, which is adjusted annually. If the parental income (including, for example, pensions, civil service pensions, employment income, or other ongoing earnings) exceeds the relevant exemption, the excess amount is credited at 40 percent against the parental pension, which may result in a proportional reduction or, in individual cases, in the complete cessation of pension payments. Lump-sum receipts and assets are also considered, insofar as they are among the countable forms of income. The precise calculation is always carried out individually by the pension provider.
In which cases is a parental pension claim legally excluded?
No entitlement to a parental pension exists if one of the statutory exclusion grounds under SGB VI applies. This includes, among other things, if the deceased child did not primarily provide maintenance for the parents or if the parents were already adequately supported or financially independent at the time of the child’s death. The entitlement is also excluded if the death was caused by intentional or unlawful action by the parent (§ 66 SGB I). Other exclusion grounds arise if the parents are still gainfully employed or if there are equal or higher-ranking entitlements to survivor’s benefits, such as widow’s, widower’s, or orphan’s pensions, which take precedence. Marriage or entering into a registered civil partnership after the child’s death can also result in loss of entitlement, as there would regularly be another support provider.
What evidence and documentation are required for the pension application?
To apply for the parental pension, various legally required documents must be submitted. These include, in particular, the death certificate of the deceased child, the applicant’s own identity card or passport, proof of relationship (e.g., the child’s birth certificate), documents proving the need for maintenance, and, if applicable, existing maintenance agreements or court rulings. Income statements of the parents (salary slips, pension notifications, evidence of further income) as well as a complete record of the insured periods and contributions to the child’s statutory pension insurance are also required. Additionally, the pension authority may request further documents, such as tax assessments, bank statements, evidence of assets, and statements regarding the family situation.
Can parental pensions be granted retroactively?
Parental pensions can, in accordance with § 99 SGB VI, only be paid retroactively for a maximum of twelve months back from the month of application. The prerequisite is that the facts giving rise to entitlement – in particular the death of the child obligated to provide maintenance and the presence of all other legal eligibility requirements – have been demonstrated for this period. A retroactive claim for earlier periods does not generally exist unless there was no fault for the late application and this can be substantiated. In any case, retroactive payment is made only for actually incurred and provable maintenance losses. Processing only begins once all required documents have been received by the pension insurer.
