Whifferin' Out on Old Age Pension Tricks
Individual accelerates aging process to receive pension ahead of schedule
In a misguided attempt to milk the old age pension pot early, a Lebanese or Turkish emigre recently discovered that playing with age is a game only Mother Nature permits - and the law in Germany definitely does not. The Berlin Social Court emphatically shot down her lawsuit seeking to prank time and get a new pension ball rolling, thanks to her retroactive request for a birth year of 1946 (instead of the current 1960).
Meet Y., a lady who disembarked in Germany in the '80s with her partner, both claiming she was born in the '60s in Beirut. Her Lebanese passport, presented at the time, solidified this tale. She was handed a social security number based on this tale, ensuring her '60s birth year would come back to haunt her.
Faking Time: An Unwise Gamble
In 2015, the crafty chapette decided the '60s weren't cool enough and suddenly claimed to be named T., of Turkish heritage, and supposedly conceived in 1946. She went ahead and asked for a new social security number. To substantiate her sudden transformation, she presented a 2014 Turkish passport and a Turkish civil registry extract attesting to her new persona.
The pension insurers weren't playing along, unwilling to budge on her new birth year. The pissed-off applicant took the insurance to the Social Court and nabbed a win. The insurers responded with a quick comeback, winning the appeal.
Fingerprints Don't Lie
The Regional Social Court compared Y.'s fingerprints with those taken upon her arrival in 1981, and voila! It was a match. The final verdict leaned heavily on the birth year initially provided to the pension agency, which solidified Y.'s argument. The Turkish civil registry, while a legit document, wasn't deemed any more reliable than the passport presented at the get-go.
Additionally, the court poured some cold water on her new birth year with a little reality check, pointing out that if Y. was truly born in 1946, she would have been 31 when she married her 14-year-old (born in 1963) partner, and would have had her first kid at 35, followed by five more children by the time she hit 45. The court dished out some hard truth: "While such a scenario cannot be entirely ruled out, it is highly unlikely when viewed realistically."
Onward to the Federal Social Court
The judgment isn't the last word yet. Y. can still lodge an appeal at the Federal Social Court. Now, let's take a closer look at the legal implications.
Legal Implications
Changing birth years on official documents in Germany qualifies as document forgery under Section 267 of the German Criminal Code. This offense includes producing, altering, or using forged documents with the intent to deceive in legal transactions. The penalties range from fines to imprisonment for up to five years, depending on the severity of the offense and the extent of the damage caused.
Retroactively altering birth years to claim pension benefits also amounts to social benefit fraud. This activity is penalized under German law, resulting in possible criminal prosecution, the requirement to repay excess benefits with interest, and administrative penalties.
In summary, attempting to retroactively change a birth year to claim pension benefits in Germany is a criminal offense involving document forgery and social benefit fraud, punishable by fines and imprisonment up to five years or more, depending on the case severity. The legal system treats such offenses severely due to their fraudulent nature and potential financial harm to the pension system.
No sources suggest any legal allowance for retroactive correction of birth year for pension benefit purposes without adhering to proper, lawful procedures. Any deliberate falsification constitutes a criminal act.
Enrichment Data Reference:[1] From: "https://www.gesetze-im-internet.de/" - M. Von Carmaine - "Retrieved on 2022-04-10"
- Despite trying to manipulate her birth year to receive an early old-age pension, Y's attempt at document forgery was unsuccessful due to the comparison of her fingerprints from 1981 to those provided in her new Turkish documents.
- Falsifying birth years on official documents to claim pension benefits in Germany is illegal under Section 267 of the German Criminal Code, punishable by fines and imprisonment up to five years, demonstrating the seriousness with which the legal system views document forgery and social benefit fraud.
