One death, one account - and 20 years of pension payments too many
What sounds like an official thriller is a bitter reality: a man dies in Turkey in 1991 - but German pension insurance continues to pay his old-age pension. For a whole 20 years. The amount adds up to almost 70,000 euros. And who withdraws the money? The son of the deceased - with a valid power of attorney.
Now it's time for the big one: the Federal Social Court (BSG) has ruled that the son must repay the entire sum. Whether he knew that the pension payments were unlawful is completely irrelevant.
Court says: Whoever collects must pay - no matter why
In its ruling of May 20, 2020, the BSG clarified that anyone who has money from a pension that was wrongly paid is obliged to repay it. Regardless of whether this was intentional or due to ignorance. This is because the son had used the money for years, transferred it to his own account or paid from it - and thus "indirectly appropriated" it, according to the court.
Interestingly, the judges also did not accept constitutional concerns. The son benefited for decades from pension money that no one was entitled to for a long time. It was therefore only fair that he should have to pay it back - even if the original fault lay with the authorities.
Widow's pension as a lifeline? No way!
In a final attempt, the son's mother - i.e. the widow of the deceased - wanted to offset the repayment against a widow's pension. But the court remained firm: two separate legal claims, so no offsetting possible. The pension fund gets its money back - and the family has to see where it ends up.
Incidentally, the legal basis for the ruling is Section 118 (4) SGB VI. This paragraph clearly states that any person who has unauthorized pension payments is obliged to repay them - regardless of whether they knew about them or not.
Still liable even after decades
The decision of the Federal Social Court is legally clear - and an important signal against silent pension fraud through inactivity. It is not acceptable that someone can help themselves for 20 years and then say: "I didn't know anything." The court makes it clear: those who profit are liable. Period.
Anyone who has access to the accounts of deceased persons should check all payments immediately and report any unclear incoming payments. Because as this ruling shows, it can quickly become really expensive. Even if you didn't actually want to do anything wrong.
Do you have questions about pension repayments after the death of a relative? Book a consultation now and avoid costly mistakes!
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