The Supreme Court has affirmed the full retroactive validity of the maternity supplement for men under the pension system, applicable to those who meet the standard eligibility and have access to benefits. This means that eligible male beneficiaries can receive the supplement from the point when their pension rights were first established, not merely from a later date or a limited retrospective window.
A memo released by the court indicates that men who qualify for maternity benefits have been receiving them since they began drawing their pensions. The retroactive entitlement is no longer restricted to a short look-back period but applies from the original pension start date, provided all other legal conditions are met.
Consequently, the General Assembly of the Fourth Circuit Court of Appeals rejected the National Institute of Social Security’s appeal and ruled that the maternity supplement for men should be determined to be retroactive to the initial retirement pension date. This aligns the benefit with the moment the pension was first granted, assuming all statutory requirements are satisfied.
The SGK issued a statement clarifying that when men qualify for the maternity supplementary allowance linked to their contribution to SGK, the benefit is valid from the date of the event that initiated the retirement, again contingent on meeting the remaining legal conditions.
Thus, for cases where there is at least one dependent child and the individual has reached pension eligibility by January 1, 2016, the maternity supplement, created to address gender gaps in pensions, was reaffirmed and continues to evolve toward compliance with EU Court of Justice rulings. This backdrop explains changes that later integrated the supplement into pension structures from February 3, 2021 onward to narrow gender disparities in retirement income.
Previously, the TS Social Department had issued two rulings on February 17 stating that men could receive the maternity supplement even without a pension, albeit with a three-month retroactive period. These early decisions highlighted the principle that parental benefits could be accessed alongside pension rights, though the retroactive scope remained limited in those interpretations.
In practice, the maternity supplement can be claimed by either parent who has one or more children and qualifies for a pension, including scenarios involving a disability or widowhood, subject to the applicable eligibility rules. The program exists as a measure to balance retirement income between genders and ensure that parental contributions are recognized in retirement benefits.
In 2021, the amount of the supplement was 27 euros per month for each child, capped at four children. This framework provided a clear, predictable enhancement to pension income for families with multiple dependents and helped reduce financial disparities in long-term retirement security.
Overall, the evolving policy underscores the commitment to recognizing parental responsibility within the pension system, ensuring that both mothers and fathers can benefit from maternity-related supplements when they meet the statutory conditions. The emphasis remains on aligning national practice with broader European standards and ensuring that eligibility is interpreted in a way that supports families while maintaining fiscal and legal integrity.
Attribution: SGK