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

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

• Use the application form from your professional pension fund. 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.
• They will confirm your compulsory membership of the professional chamber and the pension fund on the application form. It will then forward the application to the German Federal Pension Insurance.
• The German Federal Pension Insurance decides on your application. You will receive a decision from them.

An 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:

• Exercise of a profession-specific occupation or activity in a chamber profession. These include
  • Doctors,
  • pharmacists and pharmacists,
  • architects and architects,
  • veterinary surgeons,
  • dentists and dentists,
  • notaries public,
  • lawyers and attorneys,
  • tax consultants and tax agents,
  • auditors and certified public accountants,
  • Associate members such as engineers and psychotherapists.
    
• Compulsory membership of a professional chamber. This only qualifies 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 of the relevant professional pension scheme
  
• Payment of income-related contributions to the professional pension scheme in accordance with the respective statutes
  
• Provision and dynamization of contribution-related benefits in the event of reduced earning capacity and old age as well as for surviving dependants by the occupational pension institution.
  

• Confirmation of the conditions for exemption under pension law by the highest administrative authority responsible for the occupational pension scheme.

The exemption may be extended to other employment or self-employment subject to compulsory insurance if

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

This means that an existing exemption can only have an effect on other employment or self-employment if, in accordance with the articles of association, the same level of contributions must be paid to the occupational pension scheme as would have to be paid in the event of compulsory insurance in the statutory pension insurance scheme.

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

• You can see from the application form whether and which documents are required in your case.

There are no costs for you.

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

Processing usually takes 10 days.

Applications for exemption from the pension insurance obligation for in-house lawyers or in-house patent attorneys are preceded by a hearing procedure. This prolongs the procedure.

• § Section 6 of the Sixth Book of the German Social Code (SGB VI)

• Contradiction.
  Detailed information can be found in the notification.
• Legal action before the social court.
  Detailed information can be found in the notice of objection.

Forms available: Yes

Written form required: Yes

Informal application possible: No

Personal appearance necessary: No

Online services available: No

26.08.2022