Federal Social Court: Voluntary pension contributions do not count towards the basic pension!

Federal Social Court: Voluntary pension contributions do not count towards the basic pension!

In a landmark decision, the... Federal Social Court (BSG) At the beginning of June 2025, a lawsuit from a pensioner in Kassel who had hoped for a basic pension supplement was dismissed. The man had paid voluntary contributions and 230 months of compulsory contributions to the statutory pension insurance for over 26 years. But the court decided that only the compulsory contributions count towards the basic pension supplement, which is a bitter disappointment for many of those affected.

The plaintiff argued that his voluntary payments constituted proper retirement provision, but the judges explained that there were significant differences between compulsorily and voluntarily insured people. This is not only important for the current case, but could also have an impact on the claims of other self-employed people who have also paid voluntary contributions. According to the BSG, only the periods with compulsory contributions, child-rearing periods, care periods and sick pay periods are relevant “basic pension periods”; Voluntary contributions are not recognized here.

The background of the basic pension

A look at the big picture shows that the basic pension, which was introduced in January 2021, is primarily intended to benefit people with long-term but marginal employment. The average surcharge is 86 euros per month. Around 1.1 million pensioners currently benefit from this regulation, which is intended to help avoid poverty in old age. In order to be eligible for the supplement, those affected must have at least 33 years of basic pension and have a low average income of a maximum of 80 percent of average earnings.

The BSG's decision has sparked discussion as to whether it is fair that voluntary contribution periods do not count towards the calculation of the basic pension. Citizen money makes it clear that hundreds of thousands of people are affected in similar situations to the plaintiff. This lawsuit and the rejection of voluntary contribution periods may cause some to rethink their own retirement planning.

What does this mean for future retirees?

The German pension insurance emphasizes the clear separation between compulsorily and voluntarily insured people. While certain self-employed people and workers are compulsorily insured, those who are voluntarily insured have the freedom to determine and even suspend the amount of their contributions. However, this exclusion from the basic pension supplement could be perceived as disadvantageous. It turns out that voluntariness not only offers an opportunity to improve pension entitlement, but also brings with it potential disadvantages.

Those affected who are now not entitled to a basic pension supplement still have the option of applying for basic security. But the uncertainty surrounding the recognition of voluntary contribution periods remains, and it is clear that this topic will continue to be a topic of discussion - not only among pensioners, but also within the political debates on pension provision in Germany.