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Schleswig-Holstein

Apply for exemption from compulsory insurance in the statutory pension insurance for members of professional pension schemes

Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)

Service Description

Professional pension institutions, also known as pension funds, are special systems of mandatory pension provision. They provide compulsory retirement, invalidity and survivors' benefits for their members in the liberal professions. These include, for example:

  • Physicians,
  • lawyers,
  • tax consultants and tax agents.

Exemption from compulsory insurance in the statutory pension scheme in favor of this pension is only possible under certain conditions. For this purpose, you must be a compulsory member of a professional pension scheme and at the same time a compulsory member of a professional chamber on account of your employment. For other jobs or activities subject to compulsory insurance, exemption is only possible in exceptional cases.


Process flow

You must apply in writing for exemption from compulsory insurance in the statutory pension insurance via the professional pension institution.

  • Use the application form of your professional pension institution. You can request it directly from them or download it from their website.
  • Send the completed application form together with any necessary documents to your professional pension institution.
  • The institution will confirm your compulsory membership in the professional chamber and the pension fund on the application form. It will then forward the application to the Deutsche Rentenversicherung Bund.
  • The Deutsche Rentenversicherung Bund decides on your application. You will receive a decision from them.
Requirements

Exemption from compulsory insurance in the statutory pension insurance is only possible for members of professional pension schemes under the following conditions, all of which must be met:

  • Pursuit of occupation-specific employment or activity in a chamber profession. This includes:
    • Physicians,
    • pharmacists,
    • architects,
    • veterinarians,
    • dentists,
    • notaries public,
    • lawyers,
    • tax consultants and tax agents,
    • auditors and certified public accountants,
    • extraordinary members such as engineers and psychotherapists.
  • Compulsory membership in a professional chamber. This is only eligible for exemption if the legal obligation to be a member of the professional chamber already existed for the relevant professional group before 01.01.1995.
  • Compulsory membership in the corresponding professional pension institution
  • Payment of income-related contributions to the professional pension institution in accordance with the respective articles of association
  • Provision and dynamization of contribution-related benefits in the event of reduced earning capacity and old age as well as for surviving dependents by the occupational pension scheme.
  • Confirmation of the conditions for exemption under pension law by the supreme administrative authority responsible for the professional pension institution.

The extension of the exemption to another employment or self-employment subject to compulsory insurance is possible if

  • this other employment or activity is limited in time due to its nature or by contract in advance and
  • the professional pension institution also guarantees the acquisition of income-related pension entitlements during the performance of this employment or activity.

This means that an existing exemption can only have an effect on another occupation or self-employed activity if, as a result of this occupation, contributions to the occupational pension scheme have to be paid at exactly the same rate as they would have to be paid in the event of compulsory insurance in the statutory pension scheme, in accordance with the articles of association.

Applicants must therefore submit a corresponding confirmation from the pension fund.

Which documents are required?
  • You can find out whether and which documents are required in your case on the application form.
What are the fees?

There are no costs for you.

What deadlines do I have to pay attention to?

The exemption is effective from the time the requirements are met, if you submit the application within 3 months. Otherwise, it is effective from the date of receipt of the application. Exemption for the past is only possible within the three-month period.

Processing duration

Processing usually takes 10 days.

In the case of applications for exemption from compulsory pension insurance for syndic attorneys or syndic patent attorneys, a hearing procedure precedes the application. This prolongs the procedure.

Legal basis
Appeal
  • Objection.
    Detailed information can be found in the notification.
  • Action before the Social Court.
    Detailed information can be found in the notice of appeal.
Applications / forms

Forms available: Yes

Written form required: Yes

Informal application possible: No

Personal appearance required: No

Online services available: No

Technically approved by

Federal Ministry of Labor and Social Affairs (BMAS)

Process flow

You must apply in writing for exemption from compulsory insurance in the statutory pension insurance via the professional pension institution.

  • Use the application form of your professional pension institution. You can request it directly from them or download it from their website.
  • Send the completed application form together with any necessary documents to your professional pension institution.
  • The institution will confirm your compulsory membership in the professional chamber and the pension fund on the application form. It will then forward the application to the Deutsche Rentenversicherung Bund.
  • The Deutsche Rentenversicherung Bund decides on your application. You will receive a decision from them.

Requirements

Exemption from compulsory insurance in the statutory pension insurance is only possible for members of professional pension schemes under the following conditions, all of which must be met:

  • Pursuit of occupation-specific employment or activity in a chamber profession. This includes:
    • Physicians,
    • pharmacists,
    • architects,
    • veterinarians,
    • dentists,
    • notaries public,
    • lawyers,
    • tax consultants and tax agents,
    • auditors and certified public accountants,
    • extraordinary members such as engineers and psychotherapists.
  • Compulsory membership in a professional chamber. This is only eligible for exemption if the legal obligation to be a member of the professional chamber already existed for the relevant professional group before 01.01.1995.
  • Compulsory membership in the corresponding professional pension institution
  • Payment of income-related contributions to the professional pension institution in accordance with the respective articles of association
  • Provision and dynamization of contribution-related benefits in the event of reduced earning capacity and old age as well as for surviving dependents by the occupational pension scheme.
  • Confirmation of the conditions for exemption under pension law by the supreme administrative authority responsible for the professional pension institution.

The extension of the exemption to another employment or self-employment subject to compulsory insurance is possible if

  • this other employment or activity is limited in time due to its nature or by contract in advance and
  • the professional pension institution also guarantees the acquisition of income-related pension entitlements during the performance of this employment or activity.

This means that an existing exemption can only have an effect on another occupation or self-employed activity if, as a result of this occupation, contributions to the occupational pension scheme have to be paid at exactly the same rate as they would have to be paid in the event of compulsory insurance in the statutory pension scheme, in accordance with the articles of association.

Applicants must therefore submit a corresponding confirmation from the pension fund.

Which documents are required?

  • You can find out whether and which documents are required in your case on the application form.

What are the fees?

There are no costs for you.

What deadlines do I have to pay attention to?

The exemption is effective from the time the requirements are met, if you submit the application within 3 months. Otherwise, it is effective from the date of receipt of the application. Exemption for the past is only possible within the three-month period.

Processing duration

Processing usually takes 10 days.

In the case of applications for exemption from compulsory pension insurance for syndic attorneys or syndic patent attorneys, a hearing procedure precedes the application. This prolongs the procedure.

Legal basis

Appeal

  • Objection.
    Detailed information can be found in the notification.
  • Action before the Social Court.
    Detailed information can be found in the notice of appeal.

Applications / forms

Forms available: Yes

Written form required: Yes

Informal application possible: No

Personal appearance required: No

Online services available: No

Technically approved by

Federal Ministry of Labor and Social Affairs (BMAS)

Further information and offers