Information on the "Bayerische Architektenversorgung" (Bavarian Architects' Pension Scheme) - Version as of: January 2019
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Information on the “Bayerische Architektenversorgung” (Bavarian Architects’ Pension Scheme) Version as of: January 2019 www.barchv.de
LEGAL NOTICE Publisher Bayerische Architektenversorgung Postal Address: Postfach 81 01 20 81901 München Administration Building: Arabellastraße 31 81925 München-Bogenhausen Telephone: 089 9235 7350 Telefax: 089 9235 777042 Email: barchv@versorgungskammer.de Internet: www. barchv.de Print: Baumann Druck & Marketing GmbH & Co. KG Traunreuter Straße 7 82538 Geretsried / Gewerbegebiet Gelting Ost Image credits in chronological order: Cover image: © vivilweb-clipdealer.de, Page 4: © vadimguzhva - iStockphoto.com, Pages 6-7: © Monkey Business - Fotolia.com, Page 10: © mezzotint_fotolia - Fotolia.com, Page 11: © Steven Jamroofer - Fotolia.com, Page 14: © Photographee.eu - Fotolia.com, Page 15: © Gina Sanders - Fotolia.com, Page 18-19: © andresinfinite - Fotolia.com, Page 20: © Marina Lohrbach - Fotolia.com, Page 24: © Miriam Dörr - Fotolia.com, Page 28: © drubig-photo - Fotolia.com, Page 29: © Ammentorp - Fotolia.com, Pages 30-31: © jd-photodesign - Fotolia.com, Page 32-33: © khunaspix - Fotolia.com
C ontent 1. General information 4 2. Membership 8 3. Statutory pension insurance and membership in the pension fund 11 4. Compulsory contributions 15 5. Voluntary additional contributions 20 6. Vested rights and pensions 21 7. Subsidies for rehabilitation measures 29 8. Pension equalisation 32 9. Financing procedure 33 10. Further information 34
1. G eneral information Incorporation The Bavarian Architects’ Pension Scheme (BArchV) has existed since 1 July 1971 and is based on the initiative of the profession of architects in Bavaria, which aimed to provide its members of the profession with an efficient old-age, occupational incapacity and survivors’ pension scheme tailored to their needs. At the end of the 1970s and beginning of the 1980s, members of the profession in Lo- wer Saxony and Rhineland-Palatinate also decided to join the pension scheme by state treaty and to implement the professional pension scheme in a joint system of solidarity. The idea of a separate professional pension scheme organised on the basis of solidarity in the face of the imponderables of day-to-day life and the financial risks in old age had already arisen at the beginning of the last century. The fact that the self-employed did not have access to statutory pension insurance for a long time encouraged the esta- blishment of professional pension funds to a considerable extent. 4 Information on the Bayerische Architektenversorgung
Organisation The Bavarian Architects’ Pension Scheme is an institution under public law with its head- quarters in Munich. It is legally represented and administered by the Bayerische Versor- gungskammer. With over 44,000 members and pension recipients, it is one of the largest professional pension institutions for the freelance professions in the Federal Republic of Germany. The professional pension funds are pension insurance institutions “of their own kind”. The provisions of statutory pension insurance, which are laid down in the Social Security Codes, do not apply to them. However, they are part of the first pillar of the tripartite pension system in Germany (first pillar: statutory pension scheme; second pillar: occu- pational pension scheme; third pillar: private pension scheme). In addition to the profession of architects, other freelance professions have also orga- nised their old-age provision in professional pension schemes. These include lawyers, doctors and pharmacists. The pension fund regulates its affairs through statutes and self-administration by the profession. The statutes and their amendments are decided by the regional committee, which is composed exclusively of members of the profession and approved by the legal and insurance supervisory authorities. The members of the state committee are pro- posed by the Chambers of Architects in Bavaria, Lower Saxony and Rhineland-Palatinate and appointed by the Bavarian State Ministry of the Interior, for Sport and Integration as legal and insurance supervisor for a period of four years in each instance. Legal basis The legal bases of the Architects’ Pension Scheme are • the statutes of the pension fund, • the Public Pensions Act (VersoG), and • the state treaties with the states of Lower Saxony and Rhineland-Palatinate. In the following, we provide you with an overview of the relevant provisions on mem- bership, the amount of the contribution, the current range of benefits and further infor- mation on pertinent individual questions. Information on the Bayerische Architektenversorgung 5
Membership Membership in the pension fund co- mes into effect by law as soon as you fulfil the requirements set out in the statutes. You do not conclude a con- tract under private law with the Bava- rian Architects’ Pension Scheme. Information on the Bayerische Architektenversorgung 7
2. M embership Chamber members If you are a member of one of the Chambers of Architects in the federal states of Bavaria, Lower Saxony or Rhineland-Palatinate, you are also a member of the Bavarian Architects’ Pension Scheme. Membership in the pension scheme begins on the day of your entry in the list of architects or town planners and is independent of the type of professional practice (freelance, employed, civil servant, construction industry, job-seeker) and the amount of professional income. Graduates Even if you are not yet a member of an architects’ association, you can apply for initial membership of the architects’ pension scheme if you have completed a course of study in architecture, interior design, garden and landscape design or urban planning and are carrying out practical work in accordance with the Architects’ Act (Architektengesetz) of the respective federal state for the purpose of registration in the list of architects or list of urban planners. This so-called graduate membership is limited to a period of four ca- lendar years from the beginning of the practical activity. It can be extended to a total of eight calendar years if registration in the list of architects or list of town planners is de- layed due to childcare, unemployment, a subject-related Master’s degree or care work. Continued membership requires affiliation to an architectural association. Exceptions and exemptions from membership You are exempt from membership if, at the time the membership requirements are met, you • are occupationally incapacitated or • have already reached the standard retirement age for old-age pension benefits (see under “Pension benefits” on page 25). You may apply for exemption from membership if you • are employed as a civil servant, • are already a member of another architects’ or engineers’ pension scheme in the Fe- deral Republic of Germany, • are a compulsory member of a pension scheme abroad, unless you also have profes- sional income in Germany which is not covered by the compulsory membership ab- road, or • have already reached the age limit for drawing the early retirement pension (62 years of age) at the start of membership. 8 Information on the Bayerische Architektenversorgung
End of membership Given that you do not conclude a contract under private law with the pension fund, you cannot terminate this compulsory membership established by law by giving notice. Your membership is terminated by • the discontinuation of established prerequisites, e.g. ending of your membership in the Chamber of Architects or • exemption (in the cases listed above). Voluntary membership If your membership ends due to the discontinuation of the prerequisites, you can volun- tarily continue your membership with the same rights and obligations upon application if you belong to a Chamber of Architects outside the federal states of Bavaria, Lower Sa- xony and Rhineland-Palatinate. Voluntary membership may only ever immediately fol- low a previous compulsory membership. Example: The architect Katharina K., 30 years old, has so far been registered in the list of architects maintained by the Bavarian Chamber of Architects. In September, she moves to Ba- den-Württemberg, registers with the Baden-Württemberg Chamber of Architects on 1 October and thus becomes a member of the pension fund of this federal state. She then has herself deleted from the list of architects in Bavaria on 30 September. The de- letion ends the compulsory membership in the Bavarian Architects’ Pension Scheme. Katharina K. can continue her membership in the Bavarian Architects’ Pension Scheme voluntarily because she continues to belong to a Chamber of Architects as an architect. She can also decide whether to be exempted from membership in the pension scheme of the Baden-Württemberg Chamber of Architects in favour of voluntary membership in the Bavarian Architects’ Pension Scheme. You may terminate your voluntary membership at any time at the end of the calendar month in which your written notice of termination is received. Information on the Bayerische Architektenversorgung 9
In contrast to compulsory membership, the pension fund can exclude you from volun- tary membership if you are in arrears with your contribution payments. When your voluntary membership of the Bavarian Architects’ Pension Scheme ends, you will, as a rule, again become a compulsory member of the competent pension scheme in whose architectural association you are registered. Consequences and options after the end of membership If your compulsory (or your voluntary) membership ends, your entitlements to pension benefits or pension points that you have acquired through your paid-in contributions during your membership continue to exist. You or your surviving dependants will re- ceive benefits from the Bavarian Architects’ Pension Scheme in the event of retirement. The amount of the benefit depends on the contributions paid in and, in the case of oc- cupational incapacity, also on the age and duration of membership in the Bavarian Ar- chitects’ Pension Scheme. Information on vested rights and pensions can be found under point 6. If you change to another domestic architects’ pension scheme, you can apply for the transfer of the paid-in contributions, provided that the previous membership lasted a maximum of 24 months and the other statutory requirements are met. 10 Information on the Bayerische Architektenversorgung
3. Statutory pension insurance and membership in the pension fund Exemption from compulsory insurance in the statutory pension insurance scheme If you are working in the fields of architecture, landscape architecture or interior design as • an employee or • a self-employed person similar to an employee you can be exempted from compulsory insurance in the statutory pension insurance (Section 6 [1] Sentence 1 No. 1 SGB VI). This possibility of exemption also applies if you are employed as an urban planner in the federal states of Lower Saxony and Rhineland-Palatinate. Those not exempt from compulsory statutory pension insurance are town planners who are exclusively registered in the town planner list of the Bavarian Chamber of Architects. Exemption from compulsory insurance in the statutory pension insurance is not automatic. You must submit an application for this. You can obtain the application form from the pen- sion fund (Versorgungswerk). The statutory pension insurance will grant exemption retroac- tively to the date on which the conditions for exemption are met if the application is recei- ved by the pension fund (Versorgungswerk) within three months. If this deadline is missed, the exemption is only valid from the date of receipt of the application and the contributions Information on the Bayerische Architektenversorgung 11
accrued from an employment activity until then remain with the statutory pension in- surance; the minimum contribution (or, on application, half the minimum contribution) is still due to the pension fund for this period. The application for exemption is forwarded to the German Pension Insurance Association (Deutsche Rentenversicherung Bund) via the pension fund. The decision as to whether the conditions for exemption are met is made by the German Pension Insurance Asso- ciation; the pension fund is not involved in the decision. The German Pension Insurance Association only exempts occupation-specific activities that are subject to pension in- surance; under certain circumstances, the exemption may also extend to other activities for a limited period of time. Repeating the exemption procedure each time you change your job or occupation The exemption from compulsory insurance in the statutory pension insurance scheme must be applied for again each time there is a change of activity or employment and the complete exemption procedure must be repeated from the beginning. A declared exemption cannot be transferred to other, likewise occupation-specific activi- ties or to a new employment relationship after a change of employer. A new application for exemption may also be necessary in the event of a change of activity within a com- pany (e.g. transfer of other tasks; change to other business areas or departments). The prerequisite is that the activities relevant for the exemption have changed significantly. If you have any further questions on the subject of exemption, please do not hesitate to contact us by telephone. Information is also available on our website www.barchv.de. For questions regarding professional law, in particular, whether a certain activity is an architectural activity or a profession-specific activity, please contact the Chamber of Ar- chitects responsible for you. Effects of the exemption With the exemption from compulsory insurance in the statutory pension insurance scheme, contributions in the same amount go to the pension fund instead of to the German Pen- sion Insurance Association (Deutsche Rentenversicherung Bund). Contributions made to the statutory pension insurance scheme before the date of exem- ption and the resulting claims cannot be transferred to the pension fund. 12 Information on the Bayerische Architektenversorgung
Waiting period in the statutory pension insurance scheme If you have already fulfilled the waiting period of 60 months of contributions to the sta- tutory pension insurance scheme, you are entitled to an old-age pension from the sta- tutory pension insurance scheme despite the exemption. Otherwise, depending on the individual case, you can consider reimbursement of the employee contributions or filling in the missing contribution months in the statutory pension insurance scheme by ma- king additional payments or by taking out voluntary insurance in the statutory pension insurance scheme. However, it must be taken into account that the statutory pension in- surance scheme credits child-raising periods for all occupationally insured persons if the general requirements for this are met. For this reason, reimbursement of employee con- tributions does not always make sense. Contribution-free periods in the Bavarian Architects’ Pension Scheme The pension fund does not grant any child-raising, training or other “periods” that can be credited in the statutory pension insurance scheme. Periods without contributions do not increase pension benefits. However, the legislator has regulated that members of professional pension funds are also credited with earnings points in the statutory pen- sion insurance scheme for periods of child-rearing. Information on this can be obtained from the German Pension Insurance Association and its advice centres. State-subsidised old-age provision (“Riester”) As a member of the pension fund, you are only eligible for a state subsidy under the state-subsidised old-age provision or “Riester” if you are not exempt from compulsory statutory pension insurance. Another possibility for the “Riester subsidy” may exist indi- rectly via your spouse if he or she fulfils the statutory eligibility requirements and is di- rectly eligible for such a subsidy. The state subsidy is limited to those groups of individuals who build up their old-age provision primarily within the statutory pension insurance scheme, as the state-subsi- dised products are intended to cushion demographically induced cuts in the statutory pension insurance scheme. Therefore, freelancers and employed members of the pen- sion fund who are exempt from compulsory statutory pension insurance are not inclu- ded in the subsidy. Information on the Bayerische Architektenversorgung 13
Information on the statutory pension insurance scheme The pension fund can only provide supplementary, non-binding recommendations and advice on the statutory pension insurance scheme. The German Pension Insurance Asso- ciation and its advice centres are responsible for providing information on the statutory pension insurance scheme. Due to the different objectives, structure and tasks at hand, the different pension schemes can only be compared with each other to a limited extent. 14 Information on the Bayerische Architektenversorgung
4. C ompulsory contributions Members finance their future pension benefits with their contributions. The amount of the contributions cannot be freely chosen, but rather depends on the type of employ- ment and the professional income; the exact values of the following maximum and mini- mum contributions, as well as the maximum payment limit, are communicated annually by a circular. The contributions are due at the end of each month and can be deducted from income tax as pension expenses in accordance with the German Income Tax Act (Einkommensteuergesetz - EStG). Freelancers and self-employed persons similar to employees This member group pays a contribution of 15.5% of the annual income subject to con- tributions (as of 2019), limited by a maximum and minimum contribution. This contribu- tion rate will be increased in future in annual increments of 0.5 percentage points (2020: 16.0 %, 2021: 16.5 %, 2022: 17.0 %, etc.) until the level of the applicable contribution rate of the statutory pension insurance scheme is reached. Thereafter, the amount of the con- tribution rate for freelancers and self-employed persons similar to employees is based on the contribution rate of the statutory pension insurance scheme. Income subject to contributions is the positive income from self-employment (= profit) in the amount on which taxation is based and not the taxable income. Information on the Bayerische Architektenversorgung 15
If your profit remains below the amount up to which only the minimum contribution is payable, you can apply for half the minimum contribution. For the current calendar year, you pay monthly instalments based on your profit estimate. If your profit expectations improve significantly, you should adjust the advance payment to avoid additional pay- ments in the following year. Incorporation reduction for first-time self-employment You can apply for a reduction of the contribution for the year in which you first become self-employed and for the following two calendar years. In this reduction phase, the con- tribution rate is half of the contribution rate for freelancers set by the statutes (2019: 7.75 %, 2020: 8.00 %, 2021: 8.25 %, 2022: 8.50%, etc.). Reduction of contributions in case of the birth of a child For freelancers, the pension fund will waive contributions for the year of the birth of a child and for the three following calendar years on application, if the income subject to contributions does not exceed € 5,000 in each of these years. For individual calendar years in which income of more than € 5,000 is earned, contribu- tions must be paid in arrears in the full amount. In order to avoid such subsequent pay- ments, you should inform the pension fund of a higher profit forecast at an early stage. Self-employed persons similar to employees without exemption from the obligation to pay contributions to the statutory pension insurance scheme Self-employed persons similar to employees who are not exempt from statutory pension insurance pay the contributions from their work as an architect to the statutory pension insurance scheme (primary pension) and, in addition, the minimum contribution or, upon application, half the minimum contribution to the pension fund (supplementary pension). Employees Members who are exempt from compulsory insurance in the statutory pension insurance scheme pay the same contribution to the pension fund as would be payable to the sta- tutory pension insurance scheme from their activities without this exemption. In prin- ciple, this also applies to salaried employee members who are exempt from compulsory statutory pension insurance and take parental leave. This group of persons does not pay any contributions to the pension fund for the duration of the parental leave if no profes- sional income is earned during the parental leave. The contribution is limited by the ap- plicable income threshold and the contribution rate. 16 Information on the Bayerische Architektenversorgung
Half of the contributions are subsidised by the employer. Please note that, as a member, you are responsible to the pension fund for the correct payment of employer and em- ployee contributions, unlike in the case of statutory pension insurance scheme. This also applies in the event that your employer pays the entire pension insurance contribution to the pension fund. Employed members who are not exempt from the obligation to pay into the statutory pension insurance scheme will pay – in addition to the contribution to the statutory pen- sion insurance scheme – the minimum contribution to the pension fund. Upon applica- tion, the minimum contribution is reduced to half in these cases. Upon application, the pension fund will waive the minimum contribution or half the minimum contribution for the duration of parental leave if you do not earn any professional income during this time. Civil servants Members who are civil servants pay the minimum contribution, unless they are exempted from membership, and thus achieve an additional pension in old age. If the civil service employment relationship ends without entitlement to a pension, subsequent insurance through the pension fund can be initiated. In this case, the former employer transfers in- come-related contributions to the pension fund for the duration of the former civil ser- vice employment relationship. This requires an application to the former employer within one year of leaving the civil service. Otherwise, the employer will take out subsequent insurance for the statutory pension insurance. Members who do not make use of the possibility of exemption from membership in the pension fund (cf. point 2.) These members pay the minimum contribution regardless of income and thus supple- ment their retirement provision in old age. This minimum contribution cannot be halved. Special regulations Special contribution regulations apply to those receiving unemployment benefit, unem- ployment benefit II (“Hartz IV”), sickness benefit, injury benefit or maintenance benefit, as well as to voluntary carers. Under certain conditions, contributions for this group of persons are paid by the em- ployment agency, the federal government, the statutory health and long-term care insu- rance funds or the statutory accident insurance institution. Otherwise, exemption from contributions is possible in accordance with the statutes. Exemption from contributions is also granted to graduates who are studying for a Master’s degree in a specific field of study in order to be registered on the list of architects and who do not earn any profes- sional income. Information on the Bayerische Architektenversorgung 17
18 Information on the Bayerische Architektenversorgung
Voluntary additio- nal contributions In addition to compulsory contributions, members of the Architects’ Pension Scheme may make additional pay- ments on a voluntary basis. Information on the Bayerische Architektenversorgung 19
5. V oluntary additional contributions The so-called “voluntary additional contributions” (abbreviated in German as “FMZ”) are annuitised in the same way as compulsory contributions. They increase the pension be- nefits later on and, at the same time, can be claimed as pension expenses for tax purpo- ses like compulsory contributions. In addition to the compulsory contributions, you can make voluntary additional contri- butions up to the maximum annual payment limit by transferring them to the pension fund, stating the membership number and the purpose of use as “Voluntary additional contributions” or “FMZ”. Please inform us when you transfer a voluntary additional contribution. In this way, you make it easier for us to allocate your payments to compulsory contributions and volun- tary contributions. Of course, you can also make several voluntary contributions during the course of the year. 20 Information on the Bayerische Architektenversorgung
6. V ested rights and pensions Membership in the pension scheme ensures that members are provided for in old age, in the event of occupational incapacity and also for surviving dependants (orphans; wi- dows and surviving civil partners, in accordance with the Civil Partnership Act). The extent of the contribution payments during the membership period decisively de- termines the extent and the amount of the later pension benefits. In addition, the age at the time of contribution payment is also important for the amount of the annual entitlement and pension points achieved. The earlier the contributions are received by us, the longer the pension fund can invest the respective paid-in contribu- tions at interest for the old-age pension to be paid out later. The compound interest effect results in higher valuation rates for contributions paid by younger members than for older members. The valuation system Pension points are acquired with payments made as of 1 January 2015. The amount of the pension entitlement is determined by the product of the pension points at the start of the pension and the pension assessment factor (abbreviated in German as “RBF”) ap- plicable at that time. The pension points result from the payments made during membership. For this pur- pose, the payments made per year (compulsory contributions, voluntary additional con- tributions) of a calendar year are multiplied by the respective percentage depending on age and year of birth (“valuation rates”), see table below. The relevant age in the year of contribution payment results from the calendar year minus the year of birth (example: 2019 - 1984 = 35). The pension assessment factor is re-determined annually by the Regional Committee and is regulated in the statutes. You will be informed of this in your personal annual notifica- tion. Currently (as of: 1 January 2019) the value of the pension assessment factor is 1.0000. The valuation rate table is based on an interest rate on deposits of 2.25% (“actuarial inte- rest rate”) at present. Insofar as interest surpluses are available, the pension benefits, as well as the vested rights and pension points, are regularly adjusted (“dynamised”) bey- ond this basic interest rate; the Regional Committee then decides on this in accordance with the statutes. The pension fund informs members about the respective dynamisa- tions in the annual circular. Information on the Bayerische Architektenversorgung 21
Years of birth 1964 and younger: Age in the year of con- Age in the year of con- Valuation percentage Valuation percentage tribution payment tribution payment 20 11.8 % 44 7.2 % 21 11.6 % 45 7.0 % 22 11.4 % 46 6.9 % 23 11.1 % 47 6.7 % 24 10.9 % 48 6.6 % 25 10.7 % 49 6.4 % 26 10.5 % 50 6.3 % 27 10.2 % 51 6.2 % 28 10.0 % 52 6.1 % 29 9.8 % 53 5.9 % 30 9.6 % 54 5.8 % 31 9.4 % 55 5.7 % 32 9.2 % 56 5.6 % 33 9.0 % 57 5.5 % 34 8.8 % 58 5.4 % 35 8.7 % 59 5.3 % 36 8.5 % 60 5.3 % 37 8.3 % 61 5.3 % 38 8.1 % 62 5.2 % 39 7.9 % 63 5.1 % 40 7.8 % 64 5.0 % 41 7.6 % 65 4.9 % 42 7.5 % 66 4.8 % 43 7.3 % 67 4.7 % Example: Contribution at age 29 Assuming you pay a total contribution of 8,400 euros (12 months of 700 eu- ros each) in 2019 at the age of 29, you will acquire 8,400 euros x 9.8% = 823.20 pension points. With a pension assessment factor (RBF) of 1.0000 at the time of the start of the pension, this corresponds to 823.20 euros annual pension only from this payment (without dynamisation). 22 Information on the Bayerische Architektenversorgung
Reference value table for quick orientation with a monthly pay- ment of € 100 The table of reference values below shows you approximately what pension entitlement will be achieved if you pay a constant monthly contribution of € 100 from the age of entry (age at the start of membership) until the age of 67. This entitlement may be increased by dynamic adjustments. The table is based on the assumption that the pension assess- ment factor (“RBF”) is 1.0000 at retirement. If a multiple of € 100 is paid continuously each month, the pension entitlement will also increase accordingly: Monthly retirement Monthly retirement pension (with a pen- pension (with a pen- Entry age Entry age sion assessment fac- sion assessment fac- tor of 1.0000) tor of 1.0000) 25 € 308 35 € 211 26 € 297 36 € 202 27 € 287 37 € 193 28 € 276 38 € 185 29 € 266 39 € 177 30 € 257 40 € 169 31 € 247 45 € 132 32 € 238 50 € 98 33 € 228 55 € 68 34 € 219 60 € 40 Example: Age of membership start: 25 years, retirement age: 67 years, monthly contribution (cons- tant): 700 euros; monthly old-age pension (based on the applicable valuation rate table and with a pension assessment factor of 1.0000 at the time of pension allocation (wit- hout dynamisations): 308 euros x (700/100) = 2,156 euros Geburtsjahre 1950 bis 1963: siehe Anhang (Seite 36) Information on the Bayerische Architektenversorgung 23
The pension benefits 24 Information on the Bayerische Architektenversorgung
The pension benefits The pension fund provides the following benefits: Old-age pension When you reach the standard retirement age, you are entitled to an old-age pension wi- thout deductions. After receiving the old-age pension, you can continue to pursue your professional activity. The amount is based on the annual contributions paid in, valued at the respective age-dependent valuation percentage. The standard retirement age is 67 if you were born in 1964 or later. If you were born before 1964, your standard retirement age is determined from the following table. Standard retirement age Year of birth Year Month 1947 65 1 1948 65 2 1949 65 3 1950 65 4 1951 65 5 1952 65 6 1953 65 7 1954 65 8 1955 65 9 1956 65 10 1957 65 11 1958 66 1959 66 2 1960 66 4 1961 66 6 1962 66 8 1963 66 10 From 1964 67 Information on the Bayerische Architektenversorgung 25
Early retirement pension The pension fund allows its members to draw an early retirement pension before re- aching the standard retirement age. It is not necessary for you to stop working. In contrast to the old-age pension, the early retirement pension is reduced by a deduction. This is calculated according to the fol- lowing table for each month that you claim the early retirement pension before your standard retirement age. For early retirement from Deduction per month 67th to the 66th year of life 0.53 % 66th to the 65th year of life 0.48 % 65th to the 64th year of life 0.44 % 64th to the 63rd year of life 0.40 % 63rd to the 62nd year of life 0.36 % 62nd to the 61st year of life 0.33 % 61st to the 60th year of life 0.31 % The percentage of the reduction is calculated by adding up the individual monthly re- ductions; the reference basis is the respective standard retirement age. Example: Assume you were born in January 1960 and intend to claim early retirement pen- sion when you reach the age of 62. Since the standard retirement age for those born in 1960 is 66 years and 4 months, you will receive the early retirement pen- sion 4 years and 4 months before the standard retirement age when you reach the age of 62. The reduction is calculated as follows: 4 months x 0.53% + 12 months x 0.48% + 12 months x 0.44% + 12 months x 0.40% + 12 months x 0.36% = 22.28% The reduction remains permanent, even beyond the standard retirement age, and also applies to survivors’ benefits. The reduction compensates for the earlier and thus longer pension receipt. 26 Information on the Bayerische Architektenversorgung
If you became a member of the pension fund for the first time or again from 1 January 2012, you can only claim the early retirement pension from the age of 62. This also applies to all members born in 1962 or later, regardless of when they became members. For the other members, the age limit for the early retirement pension is based on the following table: Age limit Year of birth Year Month until 1954 60 1955 60 3 1956 60 6 1957 60 9 1958 61 1959 61 3 1960 61 6 1961 61 9 From 1962 62 Pension in the event of occupational incapacity In addition to the (early) old-age pension, the pension scheme offers cover in the event of occupational incapacity. This presupposes that you are no longer able to exercise the profession of architect for health reasons before the time at which you can claim the early retirement pension, at the earliest. The cause of the occupational incapacity is irrelevant. This can be attributable to general illness, but also occupational or leisure accidents. Pension protection exists without a waiting period from the beginning of membership. The amount of the pension in the event of occupational incapacity depends on your con- tribution payments up to the onset of occupational incapacity, as well as the start and duration of your membership in the pension fund. Information on the Bayerische Architektenversorgung 27
The pension is made up of the vested right and the pension points from your contribu- tions paid until the onset of occupational incapacity and a supplement from the so-called “solidarity community” (in German: “Solidargemeinschaft”). The supplement is only fully included in the calculation if you become a member of the pension fund by the time you reach the age of 30; otherwise, it is only included depending on the length of your mem- bership in the pension fund. Benefits from third parties, e.g. from private insurance or other income, are not taken into account for the pension and do not lead to a reduction. The professional activity (e.g. as an architect or urban planner) must have ceased in the event of occupational incapacity. We will be happy to carry out non-binding pension calculations individually upon request. Survivors’ benefits After the death of a member, the pension fund also provides benefits for his or her sur- viving dependants. Widows, as well as registered civil partners, according to the Civil Partnership Act, re- ceive 60% of the pension that the member was paid or would have been entitled to. Orphans receive 1/5 of the corresponding pension as half-orphans or 1/3 as full orphans. In addition to these standard benefits, the pension fund grants a settlement for widows, as well as civil partners, in the event of remarriage or the establishment of a new regis- tered civil partnership. 28 Information on the Bayerische Architektenversorgung
7. Subsidies for rehabilitation measures Within the scope of its rehabilitation status, the pension fund shall grant its members subsidies for measures to maintain, improve and restore their occupational capacity (re- habilitation measures). A subsidy requires that your occupational capacity is endange- red, reduced or eliminated and can probably be maintained, substantially improved or restored by way of a medical treatment. This is not a compulsory benefit of the pension fund, but a voluntary and subsidiary sub- sidy, if the expenses are not covered by other cost bearers (e.g. health insurance; statu- tory pension insurance institutions). Costs for follow-up treatment or technical aids cannot be subsidised. You must apply for a rehabilitation benefit – within a reasonable period of time and be- fore the start of the treatment – with the following documents: - a detailed medical certificate from the attending physician on the nature of the re- striction or threat to the occupational ability, as well as on the necessity and the pro- spects of success of the intended treatment, - an estimate of the cost of the treatment (measure), and - information on other potential cost bearers (e.g. health insurance; statutory pension insurance institutions). Information on the Bayerische Architektenversorgung 29
30 Information on the Bayerische Architektenversorgung
Pension equalisation After a divorce, the equalisation of pen- sions regulates the distribution of entit- lements and pensions (“pension rights”) between spouses or civil partners in ac- cordance with the Civil Partnership Act. Information on the Bayerische Architektenversorgung 31
8. P ension equalisation Since the new federal regulation by the Act on the Structural Reform of Pension Equali- sation (Gesetz zur Strukturreform des Versorgungsausgleichs), pension equalisation has been carried out by means of an internal division of the existing pension rights for all di- vorce proceedings initiated after 1 September 2009. All pension rights acquired during the marriage or during the registered civil partnership are divided between the parties. In this way, persons entitled to equalisation from a marriage or civil partnership receive their own pension entitlement in the pension fund, even if they were not previously members of the pension fund or cannot become members at all due to lack of professi- onal status. The vested right or pension of the person obligated to equalisation is redu- ced accordingly. However, the pension entitlement transferred in this way cannot be extended further. It is strictly limited to old-age and survivors’ benefits, provided that the person entitled to equalisation is not a member of the pension fund or has not been a member in the past. The person entitled to equalisation also does not become a member of the pen- sion fund through the internal division and does not acquire protection in the event of occupational incapacity. Instead, the pension fund grants an age-related supplement to the transferred entitlement. In the course of the divorce proceedings, you – as a member and the person entitled to equalisation – will receive the relevant information in connection with the pension equali- sation; the pension fund will be involved in the proceedings by the competent family court. 32 Information on the Bayerische Architektenversorgung
9. F inancing procedure The pension fund is financed for all contribution payments from 1 January 2015 in a mo- dified open cover plan procedure. The open cover plan procedure (abbreviated in German as “oDPV”) is a combination of a funded scheme and a pay-as-you-go scheme. A capital stock is formed for the vested rights and pensions, as in the vested rights cover procedure. However, the entitlements do not have to be fully funded and are initially reported in pension points in the vested rights phase. The open cover plan procedure can thus react flexibly to changes in gene- ral conditions on the capital market, such as high fluctuations or persistent periods of low interest rates. At the same time, it is the aim of the pension fund to maintain the current 100% capital cover and thus the full funding (as in the prospective funding procedure applicable for payments until 31 December 2014). In the event of a pension claim, i.e. at the start of the pension, all pension points acquired up to that point from payments or additionally acquired pension points from dynamisa- tion (“surplus distribution”) are multiplied by the pension assessment factor applicable in the year of the pension claim. The pension assessment factor indicates how much a pen- sion point is worth in euros. The result is, therefore, the amount of your pension in euros from the open cover plan procedure (abbreviated in German as “oDPV”). Any legacy entitlements from payments made up to 31 December 2014 are added to this pension from 1 January 2015. Information on the Bayerische Architektenversorgung 33
10. F urther information The pension fund will send you the so-called “Important Circular” (“Wichtige Rundschrei- ben”) every year. In it, we inform you about new regulations in the statutes, the develop- ment of the pension fund and the currently applicable contribution values (contribution rate, contribution assessment ceiling, maximum and minimum contribution). In addition, at the beginning of each year, you will receive an annual statement showing the amount of your pension entitlement, including any dynamic adjustments. The “Important Circular” and further information about the pension scheme are also available at www.barchv.de. The staff of the Bavarian Architects’ Pension Scheme will be happy to answer any ques- tions concerning the professional pension scheme, in particular, on the individual pen- sion calculation (“projections”), in writing, by telephone or by email. The pension fund can be reached by telephone during normal office hours. Advice and information days are also offered regularly in central locations in Bavaria, Lower Saxony and Rhineland-Palatinate. We ensure to publish the venues and dates in good time in the German industry publication “Deutsches Architektenblatt (DAB)”. Finally, we would like to point out that we do not cooperate with insurance companies, nor do we approach our members via third parties or pass on data. 34 Information on the Bayerische Architektenversorgung
Age Valuation percentage for year of birth in the year of contribution payment 1963 1962 1961 1960 1959 1958 1957 1956 1955 1954 1953 1952 1951 1950 54 5.7 % 55 5.6 % 5.6 % 56 5.5 % 5.5 % 5.4 % 57 5.4 % 5.4 % 5.3 % 5.3 % 58 5.3 % 5.3 % 5.2 % 5.2 % 5.1 % 59 5.2 % 5.2 % 5.1 % 5.1 % 5.0 % 5.0 % 60 5.2 % 5.2 % 5.1 % 5.1 % 5.0 % 5.0 % 4.9 % 61 5.2 % 5.2 % 5.1 % 5.1 % 5.0 % 5.0 % 4.9 % 4.9 % 62 5.1 % 5.1 % 5.0 % 5.0 % 4.9 % 4.9 % 4.8 % 4.8 % 4.8 % 63 5.0 % 5.0 % 4.9 % 4.9 % 4.8 % 4.8 % 4.8 % 4.7 % 4.7 % 4.7 % 64 4.9 % 4.9 % 4.8 % 4.8 % 4.7 % 4.7 % 4.7 % 4.6 % 4.6 % 4.6 % 4.6 % 65 4.8 % 4.8 % 4.7 % 4.7 % 4.6 % 4.6 % 4.6 % 4.5 % 4.5 % 4.5 % 4.5 % 4.4 % 66 4.7 % 4.7 % 4.6 % 4.6 % 4.5 % 4.5 % 4.5 % 4.4 % 4.4 % 4.4 % 4.4 % 4.4 % 4.3 % 67 4.7 % 4.6 % 4.6 % 4.5 % 4.5 % 4.4 % 4.4 % 4.4 % 4.3 % 4.3 % 4.3 % 4.3 % 4.2 % 4.2 %
Arabellastraße 31 81925 München Telephone: 089 9235 7350 Telefax: 089 9235 777042 Email: barchv@versorgungskammer.de Internet: www.barchv.de
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