SG Dortmund denies entitlement to capitalization of the pension
(jur). If employees receive an accident pension, the employer's liability insurance association can reject the desired capitalization of the pension due to the short expected lifespan. This was decided by the Dortmund Social Court in a judgment announced on Tuesday, March 15, 2016 (file number: S 17 U 487/14).
A miner from Lünen, who suffers from a quartz dust disease due to his work, had sued. Because of the associated 20 percent reduction in earning capacity, he draws an accident pension.
The trade association rejected his application to capitalize the pension payment and to pay him a one-off severance payment. Because the period used for the severance payment does not correspond to the life expectancy of the miner, according to the accident insurance provider.
The plaintiff, on the other hand, argued that he was in good shape considering his age. His heart disease is treated regularly.
Before the social court, however, the man was unlucky. The accident insurance institution may take medical considerations and the short expected life expectancy into account when deciding to pay an accident pension payment. The plaintiff had a reduced life expectancy because he was supplied with seven stents in the heart area and had a “pronounced cardiovascular risk profile”. This justifies the rejection of pension capitalization, it says in the judgment of February 3, 2016. (fle)