Waiting period – Definition, legal foundations, and significance
Definition of the waiting period
The waiting period is a term frequently used in German law to describe specific periods that must be fulfilled in order to assert claims, rights, or benefits under legal or contractual provisions. It plays a particularly central role in social law, pension and insurance benefits, as well as in employment law. The waiting period regularly serves the purpose of limiting entitlement to claims and ensures that claims or benefits only become available after a designated minimum insurance or contribution period.
Legal bases and areas of application
Insurance law
In insurance law, the waiting period refers to the period between the commencement of the insurance relationship and the first occurrence of an insured event, which must elapse for a benefit claim to arise. Well-known examples include life or occupational disability insurance, where a waiting period chiefly serves as protection against abuse (moral hazard). The rules for the waiting period are often found in the general terms and conditions (AVB) of the relevant type of insurance and are based on the Insurance Contract Act (VVG).
Social security law
In the field of social insurance—especially with regard to pension insurance, unemployment insurance, health, and long-term care insurance—the waiting period is a key criterion for acquiring entitlement to benefits:
- Pension insurance: Here, the waiting period is often referred to as the qualifying period. According to § 50 SGB VI, a minimum insurance period (‘general qualifying period’) of five years is required to acquire a pension entitlement, with special qualifying periods, such as a 15- or 35-year period, applying depending on the type of pension.
- Unemployment insurance: According to § 142 SGB III, entitlement to unemployment benefits exists only if, within the last 30 months before registering as unemployed, at least twelve months of waiting period were fulfilled through employment subject to social insurance contributions.
- Health insurance: For specific benefits (such as sick pay after extended incapacity for work), a minimum insurance period is required.
- Long-term care insurance: In statutory long-term care insurance under SGB XI, a waiting period of two years within the last ten years is necessary to receive benefits.
Employment law
In employment law, the term waiting period is generally used in the context of company pension schemes, particularly for occupational pensions (BetrAVG). Here, the waiting period defines when an employee acquires non-forfeitable entitlements to company pension benefits, such as under § 1b BetrAVG.
Collective bargaining and civil service law
In the public sector and civil service law, the waiting period generally refers to the time spent as a trainee, for example in preparation for transition into a public-law employment relationship, and is a prerequisite for certain status and pension rights.
Legal consequences and significance of the waiting period
Fulfilling the waiting period is a prerequisite for acquiring entitlements. Until the waiting period is met, there is generally no entitlement to benefits, even if other conditions are fulfilled. Interruptions, such as coverage gaps or non-creditable periods, may lead to delays or non-fulfillment of the waiting period.
In certain areas, such as statutory pension insurance, substitute periods (such as periods of unemployment, schooling, or military service) can be credited towards the waiting period. This is regulated in detail by the relevant statutory provisions.
Interruptions, crediting, and specifics
Interruptions and consideration
Whether and how periods without insurance, contributions, or employment can be credited towards the waiting period varies by legal area and statutory provision. In pension law, for example, periods of child-rearing, unemployment, or military service are often recognized as substitute periods.
Parallelism of waiting periods
It can happen that different waiting periods for various claims run in parallel. An example is dual insurance in pension and unemployment insurance during employment.
Transferability and forfeiture
The waiting period is not transferable in all areas of law. In certain cases, entitlement lapses or starts anew, for example after prolonged interruptions in compulsory insurance or when changing between systems (such as from private to statutory health insurance).
Distinctions from related terms
The waiting period must be distinguished from other, similarly used terms such as qualifying period, waiting period (Karenzzeit), or minimum insurance period, although these terms are often used synonymously in everyday language. Legally, however, there are differences regarding purpose, commencement, and when entitlement arises.
- Qualifying period usually refers to the pure minimum insurance period required to acquire an entitlement to benefits.
- Waiting period (Karenzzeit) on the other hand, is the period after which a benefit is granted for the first time despite the entitlement already existing.
Significance and practical relevance
The waiting period is of considerable practical significance in the German legal system because it significantly determines the ability to claim social, employer-based, or insurance-based benefits. It serves to prevent windfall effects, protects against abuse, and is an integral part of financing and securing the respective benefit systems.
Due to the complexity of the regulations, the waiting period can have substantial impacts on social security, the acquisition of entitlements, or the receipt of benefits. Particularly in social law, detailed knowledge of the respective waiting periods and creditable periods is essential.
Literature and further information
- BeckOK Social Law, Definition and Design of the Waiting Period (Commentary on SGB VI, SGB III)
- Commentaries on the Insurance Contract Act (VVG)
- Schaub, Employment Law Handbook, Company Pension Schemes, Vested Pension Rights
Note: The exact duration and creditability of the waiting period is determined by the respective legislation and can change, particularly through legislative amendments. For specific cases, it is recommended to consult the relevant provisions of the applicable field of law.
Frequently Asked Questions
How long is the waiting period in the statutory pension insurance?
The waiting period in statutory pension insurance is also referred to as the ‘qualifying period’ and is of central importance for the pension entitlement. The standard waiting period for the regular old-age pension is generally five years in accordance with § 50 SGB VI. For certain types of pension (e.g., disability pensions or survivor’s pensions), different, sometimes shorter, waiting periods may apply. The waiting period comprises the calendar months in which compulsory contributions, voluntary contributions, or specified substitute periods are present. Contribution-free periods, such as child-rearing periods or periods of receipt of unemployment benefit I, can also be credited. It is crucial that the waiting period is proven seamlessly and verifiably to establish a legal entitlement to a statutory pension.
Which periods are credited towards the waiting period?
Various types of periods are credited towards fulfilling the waiting period. These include, in particular, periods of compulsory contributions from employment subject to social insurance, voluntary contribution periods, periods of military or community service, as well as numerous substitute periods, for example due to political persecution or conditions caused by war. In addition, periods of receipt of unemployment benefit I, sick pay, transitional allowance, or child-rearing periods, as well as periods credited for child-raising and periods of unpaid care work, are recognized. Times in which unemployment benefit II (Hartz IV) was received or periods of study, unless voluntary contributions were paid for these, are, among others, not counted.
Can missing periods for the waiting period be paid retroactively?
It is generally possible to pay certain missing periods retroactively, for example via voluntary contributions, as long as no pension payments have yet begun and minimum insurance periods have not been reached (§ 197 SGB VI). Retroactive payments are possible for insured persons who, after reaching the age of 16, completed school or university education and did not pay contributions for that time. However, this can only apply to periods up to a certain maximum age (generally up to age 45). Furthermore, retroactive payments are limited to the last five years, unless specific exceptions apply. The application for retroactive payment must be actively submitted by the insured individual.
Does an interruption in waiting periods affect pension entitlement?
An interruption within the waiting period is generally permissible and does not automatically result in the loss of the pension entitlement, provided the required minimum number of contribution months is reached over the course of the insurance history. It is thus not necessary for the waiting period to be completed continuously. Longer contribution-free periods, for which no credited or substitute periods can be shown, however, extend the time needed to fulfill the qualifying period. It is important for insured individuals to be able to provide a complete record of the periods that can be credited.
What waiting periods apply to disability pensions?
Special waiting periods apply for entitlement to a disability pension. In addition to the general qualifying period of five years (§ 50 para. 1 SGB VI), the insured person must have paid compulsory contributions for at least 36 calendar months within the last five years before the onset of disability (§ 43 para. 1 sentence 1 no. 2 SGB VI). This special period of additional earnings and compulsory contributions is designed to ensure that social security is mainly geared toward those currently employed. In individual cases, transitional rules may apply, for example under certain illnesses or special courses of events.
Does receipt of unemployment benefit II affect the waiting period?
Periods during which unemployment benefit II (previously: unemployment assistance or social assistance) is received are, according to current legislation (as of 2024), generally not credited as compulsory contribution periods for statutory pension insurance. An exception exists only for periods prior to 2011 in which, under certain conditions, contributions were still paid. For the waiting period, periods after 2011 only count as credited periods for which no contribution requirement arises; there is no direct contribution to the qualifying period. As a result, despite long-term unemployment, entitlement to certain types of pensions (such as disability pension) may not arise if there are insufficient compulsory contribution periods.
