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Germany's Social Court Bars Pension Cuts After Interim Estimates

Over-calculated amounts remain for life under the ruling, with a reported 2027 reform set to mandate estimates and permit upward recalculation.

Overview

  • Germany’s Federal Social Court (case B 5 R 6/24 R) ruled that pensions calculated using interim estimates cannot be reduced later based on employer reports for the estimated period.
  • In the tested case, the insured had agreed to an estimate and later employer data were lower, leaving a 59-cent monthly surplus that the pension authority attempted to claw back before the court blocked the cut.
  • Accepting an interim estimate speeds up the first payment but generally locks in the assumptions, which cannot later be corrected to a claimant’s detriment once the decision is final.
  • Applicants expecting one-off payments in the final months—such as paid overtime, unused vacation payouts, or bonuses—risk a permanently lower pension if they choose an estimate instead of waiting for exact employer data.
  • For those with steady or lower late-stage earnings, opting for the estimate can ensure timely payments without later downward adjustments, and reporting notes a planned 2027 legal change to make estimates compulsory with upward recalculation if actual income is higher.