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Befreiung von der Versicherungspflicht der Landwirtschaftlichen Alterskasse Gewährung als Mitarbeitender Familienangehöriger (Mifa)

Bund 99158008080002 Typ 1

Inhalt

Leistungsschlüssel

99158008080002

Leistungsbezeichnung

Befreiung von der Versicherungspflicht der Landwirtschaftlichen Alterskasse Gewährung als Mitarbeitender Familienangehöriger (Mifa)

Leistungsbezeichnung II

As an employee family member (Mifa) apply for exemption from compulsory insurance of the agricultural old-age fund

Leistungstypisierung

Typ 1

Begriffe im Kontext

nicht vorhanden

Leistungstyp

Leistungsobjekt mit Verrichtung und Detail

Leistungsgruppierung

-

Verrichtungskennung

Gewährung (80)

Verrichtungsdetail

as an employee family member (Mifa)

SDG Informationsbereiche

  • Rechte und Pflichten im Bereich der sozialen Sicherheit in der Union, auch im Zusammenhang mit Renten

Lagen Portalverbund

  • Altersvorsorge (1180100)
  • Rente (1180200)
  • Mitarbeiterbezogene Meldepflichten (2030400)

Einheitlicher Ansprechpartner

Nein

Fachlich freigegeben am

30.06.2023

Fachlich freigegeben durch

Federal Ministry of Labor and Social Affairs (BMAS)

Handlungsgrundlage

Teaser

If you work as a relative in an agricultural company, you can be exempted from compulsory insurance by the Agricultural Pension Fund under certain conditions.

Volltext

If you wish to be exempted from compulsory insurance with the Landwirtschaftliche Alterskasse, you must submit an application.

Insured persons of the Landwirtschaftliche Alterskasse are eligible to apply, i.e. also so-called collaborating family members. Collaborating family members are

  • are related to or married to the farmer, and
  • work full-time in the farmer's agricultural enterprise.

They must have a reason to be exempt. Possible exemption reasons include:

  • You regularly earn more than twelve times the mini-job limit per year outside of farming.
  • You are compulsorily insured in the statutory pension insurance, for example because you are raising children.

The exemption usually starts as soon as the exemption requirements are met. To do this, you must submit the application within 3 months. If you submit the application later, the exemption applies at the earliest from the day on which you apply for it.

The Social Insurance for Agriculture, Forestry and Horticulture can also determine your insurance obligation retroactively. In this case, the application period for exemption begins with the notification of the decision on the current insurance obligation with the Agricultural Pension Fund.

The exemption from compulsory insurance ends as soon as its requirements are no longer met. If the conditions for exemption cease to apply or change, you must report this immediately.

Erforderliche Unterlagen

  • Application for exemption from compulsory insurance
  • written proof of the reason for exemption

You can find out which documents are required in your case from the application form.

  • in case of application by other persons:
    • Power of attorney or
    • order of the court

Voraussetzungen

You are subject to compulsory insurance with the Agricultural Pension Fund. You have received a corresponding notice.

You can apply for exemption from compulsory insurance if you meet at least one of the following requirements:

  • You regularly receive more than twelve times the mini-job limit annually in remuneration, earned income or comparable income (income in lieu of income, such as unemployment benefit, sickness benefit or pension) outside of agriculture.
  • Compulsory insurance in the statutory pension insurance due to bringing up a child
  • Compulsory insurance in the statutory pension insurance due to care of a person in need of care
  • Compulsory insurance in the statutory pension insurance due to completion of military or civilian service
  • Receipt of unemployment benefit II, if you were not insured in the Agricultural Pension Fund in the last calendar month before receiving unemployment benefit II.
  • You cannot fulfill the waiting period of 15 years required for a standard old-age pension from the Landwirtschaftliche Alterskasse because you reach the standard retirement age sooner.
    • The exemption for this reason is final. The periods of insurance with the Landwirtschaftliche Alterskasse as well as with other pension schemes such as the statutory pension insurance can be counted towards the waiting period.

Kosten

There are no fees for processing the application.

Verfahrensablauf

You can apply for the exemption in writing, in person, by telephone or online. To meet the deadline, you may initially submit the exemption request informally, for example, by telephone.

Written application:

  • Download the application form for exemption from compulsory insurance on the website of the Social Insurance for Agriculture, Forestry and Horticulture.
  • Fill out the form completely and gather the required documents.
  • Mail your completed and signed application with the required documents to the Social Insurance for Agriculture, Forestry and Horticulture.

Apply online:

  • If necessary, register on the service portal of the Social Insurance for Agriculture, Forestry and Horticulture. When you register, you will receive your personal access data by mail.
  • Go to the service portal of the Social Insurance for Agriculture, Forestry and Horticulture and log in there.
  • Fill out the web form and upload the necessary evidence via the mailbox function. Once your details have been confirmed, your data will be transmitted online to the Social Insurance for Agriculture, Forestry and Horticulture.

Apply in person at the consultation meeting:

  • Compile the documents required for the application.
  • Make an appointment at the Agricultural Pension Fund or a Social Insurance for Agriculture, Forestry and Horticulture counseling center.

Applying by telephone:

  • Call the service number of the Social Insurance for Agriculture, Forestry and Horticulture and ask to be connected to the processing department responsible for you.
  • They will take your application in due time.
  • You will then receive the form required for the complete application by mail or electronically.

At the end of the procedure, you will receive a decision on your exemption from compulsory insurance.

Note: Your application for exemption can also be submitted by a person you trust. To do so, submit a corresponding power of attorney to your agricultural pension fund. As long as the power of attorney is valid, your Landwirtschaftliche Alterskasse will only contact your authorized person.

Bearbeitungsdauer

2 Woche(n)
Once all the required application documents have been submitted, the Agricultural Pension Fund usually makes a decision within 2 weeks.

Frist

The exemption starts as soon as the requirements are met if you submit the application within 3 months.
If you apply later, the exemption begins at the earliest from the day on which you submit the application.
In case of determination of the insurance obligation for the past, the period begins with the notification of the decision on this insurance obligation.

Weiterführende Informationen

Hinweise

There are the following indications:

First of all, the application can also be informal in order to meet the deadline.

Rechtsbehelf

  • An appeal against the notice of exemption can be lodged within one month (3 months abroad) of its notification.
  • If the appeal is unsuccessful, there is the possibility of an action before the social court.

Kurztext

  • Exemption from compulsory insurance of the Agricultural Old Age Insurance Fund Granting as an Employee Family Member (Mifa)
  • Possibility of exemption as long as
    • regular non-agricultural income of more than twelve times the mini-job limit per year
    • Compulsory insurance in the statutory pension insurance due to
      • receipt of unemployment benefit II
      • Raising children
      • care of relatives or
      • performance of military or civilian service.
  • Exemption also if the waiting period up to the standard retirement age can no longer be fulfilled.
    • Creditable: insurance period with the pension fund, periods from other pension schemes.
  • Minimum insurance period (waiting period) of 15 years for the pension of the old-age fund.
  • Application can be made online, in writing or in person
  • Eligible to apply are employee family members of the farmer
  • Exemption application no later than 3 months after the occurrence of a reason for exemption, so that the exemption can take effect from that time. Otherwise, exemption begins from receipt of application.
  • responsible: Social Insurance for Agriculture, Forestry and Horticulture

Ansprechpunkt

nicht vorhanden

Zuständige Stelle

nicht vorhanden

Formulare

Forms available: Yes

Written form required: Yes

Informal application possible: No

Personal appearance required: No

Online services available: Yes