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December 14, 2023 – In addition to old-age pensions and survivors’ pensions, a professional pension fund can also provide protection in the event of occupational disability. However, the associated requirements are often very strict. For lawyers, for example, a service may require the return of their professional license. The problem is described by the special mediator Thomas Stephan.
As a freelancer, the lawyer is a compulsory member of one of the 16 public pension schemes in his profession. These are managed by their members and, like the statutory pension insurance (GRV), belong to the first layer of pension provision. However, they cannot be equated, because the pension fund has some advantages over the GRV.
Thomas Stephan (Image: private)
On the one hand, there is the homogeneous group of people, as only members of the legal profession are required to be members. Due to the almost uniform professional career, the usual aspects of social balance do not have to be taken into account. The non-insurance benefits that are imposed on the GRV also no longer apply.
High hurdles for occupational disability pensions
In addition to the old-age pension and survivors’ pensions, insurance in the event of occupational disability (BU) is one of the possible benefits from the pension fund.
However, in order to receive an occupational disability pension, high hurdles must be overcome. Especially for a lawyer whose professional profile has many different facets, the necessary proof of 100 percent professional incapacity is difficult to provide.
The pension funds handle the situation restrictively in their respective statutes. The law firm in Baden-Württemberg even writes in this regard that “only the risk of absolute destruction of one’s existence” is covered.
Jurisprudence sets high standards
Case law has also set high standards for “inability to practice the profession of lawyer”. To explain this, here is a ruling from the Münster Higher Administrative Court (for the state of North Rhine-Westphalia) dated October 30, 2008 (5 A 2437/06; NJW-RR 2009, 353-355):
“A lawyer who is no longer able to appear in court and communicate with more than two conversation partners at the same time due to social anxiety is not for this reason unfit to practice within the meaning of the statutes of the lawyers’ pension fund in the state of North Rhine-Westphalia.
Rather, he can be referred to legal work in which his health impairment does not come into play. The risk of finding a corresponding job in the current labor market is not covered by the pension fund’s insurance benefit.”
Discontinuation of professional activity implied
The 16 different pension schemes for lawyers also have 16 different statutes. Despite the colorful variety of legal texts, one consensus can be found in all of these works: the cessation of professional activity as a lawyer. Nothing other than the return of the approval is implied here.
Some specify this in the statutes, as is done, for example, by the pension fund for lawyers in the Free and Hanseatic City of Hamburg. Section 18 of the occupational disability pension states: “(5) The member is obliged to provide evidence of termination of his or her admission to the legal profession within six months of receipt of the approval notice.”
However, for many lawyers, giving up their profession completely is unimaginable. Vocational training cost too much sweat and tears, too much time and effort, too much cost and effort. Not to mention the further training abroad and further qualification as a specialist lawyer.
High risk for young professionals
For those starting out in their careers, the risk of occupational disability is even higher. Similar to statutory pension insurance, some pension funds require contributions to have been paid for a while in order to be entitled to an occupational disability pension.
For example, with the pension scheme of the Rhineland-Palatinate bar associations: “§ 11 Occupational disability pension (2) Anyone who is a member of the pension scheme without an application will receive an occupational disability pension upon application if they were a member for at least 36 months before the onset of occupational disability.” The first three years There is no protection against occupational disability here!
The pension fund for lawyers in Baden-Württemberg, in turn, appeals on its website to its members not to underestimate the risk of occupational disability and to also adequately protect themselves.
This is also supported by the general facts: According to statistics from the Association of Occupational Pension Institutions (ABV), the average monthly occupational disability pension from the pension funds was 1,811.49 euros in 2015. Is that really enough for a lawyer to maintain his standard of living? How does he pay for his health insurance from this?
Reading tip: Target group analysis “Lawyers”
The above text is an excerpt from the book “Target group analysis for lawyers – status, needs and solutions: opportunities for specialization”. It was written by the insurance broker Thomas Stephan.
In his book, Stephan describes the classic career path of a lawyer as well as the various forms of legal practice. According to the author, only those who are aware of this can show the lawyer where they can or even need to improve their insurance coverage.
The reader learns where the major risks lurk, which protection makes sense and which legal and technical requirements must be observed. Furthermore, numerous practical tips, checklists and advice are presented so that you can be well prepared on your way to attracting attractive customers.
Thomas Stephan
2023-12-13 23:06:56
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