Short overview of the pension problem

Compulsory pensions for freelance teachers in Germany
BDannyBoi
Registered User
Joined: 01 Jul 2010, 15:36

01 Jul 2010, 15:36 #21

Dear John,

I work as both an English teacher and a writer. Through my writing, I was able to join the Künstlersozialkasse or KSK. Each month I pay the KSK and they make my insurance and pension payments. But these payments are based solely on my income as a writer - do I need to make additional payments for my writing income?


Dan
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deborah
Registered User
Joined: 04 Jul 2010, 06:50

04 Jul 2010, 07:51 #22

Dear John,



Thank you so much for all the help you've given on this site.  I was
hoping you could give me some perspective on my current situation.  
I've been a freelance English teacher since July 2006 and I haven't been
paying pension.   This has led to problems this past year because
without me having a pension number, my husband and I were not able to
get support from the Arbeitsamt (Hartz IV) after he lost his job and
it's looking complicated as to whether I will be able to use my current
chance to get into the Gesetzliche Krankenkasse.  I'm trying to find a
way to avoid paying pension back payments which will be very close to
20,000€.



I have a list of scenarios I'm considering.  Would you be able to offer
any insight on any of them?  What do you think would be the best option?



a)  I accept a contracted position with benefits.  When I sign-up for
the pension, will I have to disclose my freelance work for the past four
years?  The contracted position would only be for 450€ a month and so I
would still need to work in my current position  (There's no way at the
moment to not work as a freelance instructor)



b)  I turn myself in, pay the full 20,000€, leave Germany for two years,
and then request the money back (I'm a non-EU citizen).  Is there any
chance this would work?  Could I return to Germany after I do this? 
Would it work if my husband stayed in Germany for the two years?



c)  I don't turn myself in, leave Germany for a year or more (completely
deregister) and then come back and try to make a fresh start.   After a
long absence do you think I would be questioned about any past work?  
My husband would have to stay in Germany during the time, if that
matters.



d)  As a last resort - I divorce my husband and leave Germany.  The
topic of pension would certainly come up in the divorce proceedings, but
would it have to be disclosed to the DRV?





Thank you SO much for any help you're able to give.  I'm tired of all the worry and grief this pension situation has caused.  I really wish I had
found this site back in 2006.





Deborah
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john
Registered User
Joined: 08 Sep 2001, 22:12

04 Jul 2010, 17:26 #23

Hello Deborah
This sounds like a really awful situation and I can imagine just how worried you are.
Option a) is probably the best one because you wouldn't have to disclose that you hadn't been paying pension contributions and your new employer wouldn't have to provide the DRV with any information about your previous employment either.
If you are based in the Munich area, I could give you the name of a very good social insurance lawyer who wouldn't charge an arm and a leg for some professional advice - and he may even be able to help you if he doesn't have to represent you in court in another part of Germany.
The lawyer's email address is:
[url=http://]jens.wernick@wernick-ius.de[/url]
Jens is specialised in social insurance law and has helped many freelance English teachers here.

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miccomte
Registered User
Joined: 16 Mar 2016, 13:42

16 Mar 2016, 13:44 #24

Hi John,
thanks for your usefull explanations. But one I would like you to confirm one important thing: how are you sure they don't go back longer than 4 years back?

BR
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