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Schleswig-Holstein

Applying for exemption from compulsory insurance with the agricultural pension fund for income outside agriculture

Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)

Service Description

Do you earn more than twelve times the annual mini-job limit outside of agriculture? Then, under certain conditions, you can be exempted from compulsory insurance with the Agricultural Pension Fund.

If you wish to be exempted from compulsory insurance with the Landwirtschaftliche Alterskasse, you must submit an application All persons insured with the Landwirtschaftliche Alterskasse are eligible to apply:

  • Farmers,
  • their wives and husbands and
  • their family members who work with them.

The prerequisite is that you regularly receive earned income outside agriculture of more than twelve times the annual mini-job limit.

Earned income is defined as the regular receipt of

  • wages
  • earned income
  • comparable income or
  • income in lieu of earnings which, excluding income from agriculture and forestry, exceeds twelve times the mini-job limit per year.

Earned income is deemed to be regular if the monthly income exceeds the mini-job limit. In the case of self-employed persons, the taxable annual income is to be taken as a basis.

The following income is considered non-agricultural income:

Remuneration

Remuneration is all current or one-off income from an employment relationship. It does not matter

  • whether there is a legal entitlement to the income,
  • under what title or
  • in what form they are paid.

In the case of the employment of close relatives, the actual status under employment law is decisive. This applies to family members and spouses working on the farm. If the work goes beyond mere family assistance, it is considered to be an employment relationship. Exemption from compulsory insurance with the pension fund depends on the amount of pay actually received.

Employment income

Employment income is the profit from self-employment (determined by the tax office in accordance with the general profit calculation regulations of income tax law). This includes, for example, income from self-employment in a trade (e.g. hotel or craft business) or as a doctor or lawyer.

Comparable income

Comparable income includes in particular

  • Remuneration of ministers, parliamentary state secretaries and parliamentary salaries,
  • top-up amounts from the employer in accordance with the Partial Retirement Act,
  • severance payments from the employer due to termination of employment as a one-off or ongoing benefit or
  • early retirement benefits in accordance with the Early Retirement Act.

Income in lieu of earnings

Income in lieu of earnings are benefits that replace earned income (based on or in corresponding application of public law provisions). A distinction must be made between short-term and long-term replacement income.

Short-term income replacement income includes, for example

  • Sickness benefit
  • sickness benefit
  • Injury benefit
  • transitional allowance
  • unemployment benefit
  • Parental allowance
  • maintenance allowance
  • comparable benefits from a social security institution

Long-term replacement income includes, for example

  • Pensions from statutory pension insurance
  • Pensions from statutory accident insurance
  • Pensions from an occupational pension scheme
  • Pension payments
    • according to civil service regulations or principles,
    • comparable emoluments from a public-law employment or official relationship or
    • Comparable emoluments from the pension scheme for members of parliament

Income that cannot be taken into account

Exemption is not possible for the following income, regardless of the amount:

  • Income from renting and leasing
  • Income from capital assets (e.g. interest)
  • Blind person's allowance
  • Remuneration during the performance of compulsory military service
  • Vocational training allowance from the employment agency
  • Benefits under the Federal Pension Act with the exception of compensation for occupational injuries
  • Benefits under the Equalization of Burdens Act
  • Benefits under the Federal Compensation Act

As a rule, exemption begins as soon as the conditions for exemption are met. You must submit the application within 3 months. If you submit the application later, the exemption will apply at the earliest from the day on which you submit the application.

The Social Insurance for Agriculture, Forestry and Horticulture can also determine your insurance obligation for the past.

The exemption ends as soon as the conditions are no longer met. If the conditions for exemption no longer apply or there is another reason for exemption, you must report this immediately.


Process flow

You can apply for exemption in writing, in person, by telephone or online. In order to meet the deadline, you can initially submit the application for exemption informally, for example by telephone.

Written application:

  • Download the application form for exemption from compulsory insurance from the website of the Social Insurance for Agriculture, Forestry and Horticulture.
  • Complete the form in full and compile the required documents.
  • Send your completed and signed application with the required documents by post to the Social Insurance for Agriculture, Forestry and Horticulture.

Apply online:

  • If necessary, register on the service portal of the Social Insurance for Agriculture, Forestry and Horticulture. When you register, you will receive your personal access data by post.
  • Go to the service portal of the Social Insurance for Agriculture, Forestry and Horticulture and log in there.
  • Fill in the web form and upload the necessary documents via the mailbox function. Once your details have been confirmed, your data will be transmitted online to the Social Insurance for Agriculture, Forestry and Horticulture.

Apply in person during the consultation:

  • Compile the documents required for the application.
  • Make an appointment with the Agricultural Pension Fund or an advice center of the Social Insurance for Agriculture, Forestry and Horticulture.

Applying by telephone:

  • Call the service number of the Social Insurance for Agriculture, Forestry and Horticulture and ask to be put through to the person responsible for processing your application.
  • They will take up your application within the deadline.
  • You will receive the form required for the complete application by post or electronically.

At the end of the procedure, you will receive notification of your exemption from compulsory insurance.

Note: A person you trust can also submit your application for exemption on your behalf. To do this, submit a power of attorney to your agricultural pension fund. As long as the power of attorney is valid, your agricultural pension fund will only contact your authorized person.

Requirements

You are subject to compulsory insurance with the Landwirtschaftliche Alterskasse. You have received a corresponding notification.

You can apply for exemption from compulsory insurance if you regularly earn more than twelve times the annual mini-job limit outside agriculture in the form of

  • wages
  • earned income or
  • comparable income (replacement income such as unemployment benefit or pension)
Which documents are required?
  • Application for exemption from compulsory insurance
  • Written proof of the reason for exemption

Please refer to the application form to find out which documents are required in your case.

  • if the application is submitted by another person:
    • Power of attorney or
    • Order of the court
What are the fees?

There are no fees for processing the application.

What deadlines do I have to pay attention to?

The exemption begins as soon as the conditions for exemption are met if you submit the application within 3 months.

If the application is submitted later, the exemption begins at the earliest from the day on which you submit the application.

If compulsory insurance has been established for the past, the period begins with the notification of the decision on this compulsory insurance.

Processing duration

Once all the necessary application documents have been submitted, the Agricultural Pension Fund usually makes a decision within 2 weeks.

Legal basis
Appeal
  • An objection can be lodged against the notice of exemption within one month (3 months abroad) of its notification.
  • If the appeal is unsuccessful, there is the possibility of a lawsuit before the social court.
Applications / forms

Forms available: Yes

Written form required: Yes

Informal application possible: No

Personal appearance necessary: No

Online services available: Yes

What else should I know?

The following instructions apply:

Initially, the application can also be informal in order to meet the deadline.

Author

Social Insurance for Agriculture, Forestry and Horticulture (SVLFG)


Forwarding service: Deep link to the original portal

The text was automatically translated based on the German content.

Technically approved by

Federal Ministry of Labor and Social Affairs (BMAS)

Professionally released on

30.06.2023

Teaser

Do you earn more than twelve times the annual mini-job limit outside of agriculture? Then, under certain conditions, you can be exempted from compulsory insurance with the Agricultural Pension Fund.

Process flow

You can apply for exemption in writing, in person, by telephone or online. In order to meet the deadline, you can initially submit the application for exemption informally, for example by telephone.

Written application:

  • Download the application form for exemption from compulsory insurance from the website of the Social Insurance for Agriculture, Forestry and Horticulture.
  • Complete the form in full and compile the required documents.
  • Send your completed and signed application with the required documents by post to the Social Insurance for Agriculture, Forestry and Horticulture.

Apply online:

  • If necessary, register on the service portal of the Social Insurance for Agriculture, Forestry and Horticulture. When you register, you will receive your personal access data by post.
  • Go to the service portal of the Social Insurance for Agriculture, Forestry and Horticulture and log in there.
  • Fill in the web form and upload the necessary documents via the mailbox function. Once your details have been confirmed, your data will be transmitted online to the Social Insurance for Agriculture, Forestry and Horticulture.

Apply in person during the consultation:

  • Compile the documents required for the application.
  • Make an appointment with the Agricultural Pension Fund or an advice center of the Social Insurance for Agriculture, Forestry and Horticulture.

Applying by telephone:

  • Call the service number of the Social Insurance for Agriculture, Forestry and Horticulture and ask to be put through to the person responsible for processing your application.
  • They will take up your application within the deadline.
  • You will receive the form required for the complete application by post or electronically.

At the end of the procedure, you will receive notification of your exemption from compulsory insurance.

Note: A person you trust can also submit your application for exemption on your behalf. To do this, submit a power of attorney to your agricultural pension fund. As long as the power of attorney is valid, your agricultural pension fund will only contact your authorized person.

Requirements

You are subject to compulsory insurance with the Landwirtschaftliche Alterskasse. You have received a corresponding notification.

You can apply for exemption from compulsory insurance if you regularly earn more than twelve times the annual mini-job limit outside agriculture in the form of

  • wages
  • earned income or
  • comparable income (replacement income such as unemployment benefit or pension)

Which documents are required?

  • Application for exemption from compulsory insurance
  • Written proof of the reason for exemption

Please refer to the application form to find out which documents are required in your case.

  • if the application is submitted by another person:
    • Power of attorney or
    • Order of the court

What are the fees?

There are no fees for processing the application.

What deadlines do I have to pay attention to?

The exemption begins as soon as the conditions for exemption are met if you submit the application within 3 months.

If the application is submitted later, the exemption begins at the earliest from the day on which you submit the application.

If compulsory insurance has been established for the past, the period begins with the notification of the decision on this compulsory insurance.

Processing duration

Once all the necessary application documents have been submitted, the Agricultural Pension Fund usually makes a decision within 2 weeks.

Legal basis

Appeal

  • An objection can be lodged against the notice of exemption within one month (3 months abroad) of its notification.
  • If the appeal is unsuccessful, there is the possibility of a lawsuit before the social court.

Applications / forms

Forms available: Yes

Written form required: Yes

Informal application possible: No

Personal appearance necessary: No

Online services available: Yes

What else should I know?

The following instructions apply:

Initially, the application can also be informal in order to meet the deadline.

Author

Social Insurance for Agriculture, Forestry and Horticulture (SVLFG)


Forwarding service: Deep link to the original portal

The text was automatically translated based on the German content.

Technically approved by

Federal Ministry of Labor and Social Affairs (BMAS)

Professionally released on

30.06.2023

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