Upon remarriage of widows, they forfeit their widow's pension benefits - what comes thereafter? - Remarriage of widows results in forfeiture of their widow's pension benefits - what follows?
In Germany, the German Pension Insurance (Deutsche Rentenversicherung) typically pays a survivor's pension (Witwenrente) to widows and widowers. Here are some essential facts about the widow's pension in Germany:
- Remarriage by the widow typically ends the entitlement to the survivor's pension under statutory pension insurance laws. This means if a widow remarries, she generally loses the widow's pension rights from the deceased spouse’s pension scheme.
- The survivor's pension may be adjusted based on the widow's own income. If the widow earns income above a certain threshold, the widow's pension can be reduced or partly withdrawn.
- The pension reduction rules depend on whether the income is from employment, self-employment, or other pension entitlements, and specifics can vary based on individual circumstances and pension scheme provisions.
- If the widow does not remarry but earns an income, the pension authority will check if her income exceeds an allowable limit. When the income exceeds this threshold, the widow’s pension can be reduced proportionally.
- The German Pension Insurance distinguishes between a large and a small widow's pension. The large widow's pension is usually paid in all other cases and amounts to 55% of the deceased's pension. The small widow's pension is paid if the widow is younger than 47, not disabled, and not raising a child of the deceased, and amounts to 25% of the deceased's pension.
- In the case of remarriage, the survivor's pension is paid as a lump sum over 24 months. The lump sum payment is automatic upon informing the German Pension Insurance of remarriage.
- If the new spouse dies, a widow's pension can be paid again, based on the deceased spouse's pension claim.
- The large widow's pension is sometimes paid at 46, and if married before 2002 with one partner born before January 2, 1962, it amounts to 60% of the deceased's pension.
- The length of the marriage does not affect the widow's pension if the new spouse dies.
- The "widow's pension after the penultimate spouse" is calculated based on the penultimate marriage's pension, not the current one.
- A marriage of convenience is suspected if the partner was terminally ill or married to pass on their pension. If a marriage lasts less than a year, the pension insurance may assume a marriage of convenience and withhold the pension.
- All rules apply equally to registered life partnerships.
- If the income exceeds the current tax-free allowance of 1.076,86 Euro, the pension is offset at 40% against the survivor's pension.
- The details of the widow's pension can be found on the German Pension Insurance's website. If you need detailed figures or exceptions, it is recommended to consult the German Pension Insurance or a legal expert specialized in German social security law.
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