BAG: Age-based pension exclusion unlawful

Germany’s Federal Labor Court ruled that excluding survivor’s pensions for marriages entered after age 60 violates anti-discrimination law unless tied to typical retirement age. The decision affects employees with company pension plans.

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Ruling: No blanket exclusion for late marriages

On March 10, 2026 (Case No. 3 AZR 107/25), the Federal Labor Court ruled that company pension plans cannot automatically deny survivor benefits to spouses who married after age 60. The decision means employees or their surviving partners may now challenge similar clauses in their pension agreements.

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Why the court intervened

Company pension rules often include „late marriage clauses” to limit financial risks. The court found this particular rule violated Germany’s General Equal Treatment Act (AGG) because:

• It targeted age without linking to actual retirement timing
• The 60-year threshold didn’t match typical retirement patterns in the plan
• The five-year marriage requirement created unequal treatment

What happened in this case

A woman married her partner at age 62 after 19 years of cohabitation. When he passed away 14 months later, the company pension fund denied her survivor benefits, citing their rule against marriages after age 60 that lasted less than five years. The court overturned this decision, stating the rule unfairly penalized older employees who marry later in life.