Superannuation benefits form part of the remuneration to which Members of the Bundestag are entitled under the Basic Law. Their purpose is to safeguard Members’ independence. This principle was formulated by the Federal Constitutional Court in a decision of 21 October 1971 (reference 2 BvR 367/69) and confirmed in what has become known as the Members’ remuneration judgment (Diäten-Urteil) of 5 November 1975 (2 BvR 193/74).

On 1 January 2008 the superannuation benefits granted to Members of the Bundestag ceased to be a full pension. Their purpose is now to bridge the gap in pension benefits that arises for Members because they have been active in Parliament and have therefore had to give up all or part of their previous pensionable employment. Contributions are not paid to the statutory pension scheme for Members of the Bundestag during the term of their mandate, nor do periods of membership of the German Bundestag count as periods of service under the regulations governing civil servants’ pensions.

In accordance with their role as a gap-filling pension, superannuation benefits have been awardable since 1 January 2008 even to Members with only one year of membership. Before then there had been an eight-year qualifying period. After the first year, the benefits amount to 2.5% of Members’ remuneration, rising by 2.5% for each additional year of membership. On 1 January 2008 the maximum amount of superannuation benefits was reduced to 67.5% of Members’ remuneration, and this ceiling is now reached after 27 years’ service rather than 23, as was previously the case. The maximum entitlement accrues to very few Members, however, since most parliamentary careers in the Bundestag last for only two or three electoral terms. As with the statutory pension scheme, the pensionable age for superannuation benefits is being raised in stages from 65 to 67, beginning on 1 January 2008.