Pension Start Does Not Justify Firing as 1961–1963 Cohorts Urged to Prepare for 2026 Retirement
Latest guidance puts the focus on early‑retirement options, contract end dates, application lead times, insurance status, tax exposure.
Overview
- Employers cannot terminate employment solely because an employee reaches pension age or begins drawing a pension, with §41 SGB VI and dismissal protection laws barring such grounds.
- Employment can end automatically only if a valid age‑limit clause in an employment or collective agreement specifies termination at the regular retirement age, as affirmed by case law.
- Without an explicit clause, the job continues after pension eligibility, making dismissals that cite pension status typically unlawful and potentially costly for employers.
- For those targeting 2026, workers born in 1961–1963 should verify whether they meet 45 years for an unreduced early pension or at least 35 years for a reduced pension with 0.3% per month in lifelong cuts.
- Experts urge immediate steps: request a current pension statement and clear your record, assess the KVdR nine‑tenths rule and tax effects, consider the disability route where applicable, and file applications at least three to four months before the desired start date.