Help with a sentence in an Austrian juridic document?

Hi, it was a long time since I was here!

The thing is that a friend of mine, who is now back in Sweden but has lived and worked in Austria for some time, applied for an invalidity pension from the Austrian Pensionsversicherungsanstalt. He was denied. I understand German (normally...), and I understand so much from this document from them, that my friend had been insured in the Austrian social security system for too short a time, to be entitled to a pension. But I still do not understand this sentence - especially the bold part:


"Eine Pension kann vom Versicherungsträger eines Mitgliedstaates nur gewährt werden, wenn nach den Rechtsvorschriften dieses Mitgliedstaates mindestens 12 entweder für den Anspruch oder die Berechnung der Pension zu berücksichtigende Versicherungsmonate erworben wurden".

There are two different things going on here - what are they and why?

And further down in the document, they talk about months "für die Wartezeit" and "für die Leistung" respectively. I do not understand the difference here either. Does this refer to the same phenomenon as in the previous paragraph I quoted, or is it something else?

I hope somebody can help me/us!

Merwinna schrieb:Eine Pension kann vom Versicherungsträger eines Mitgliedstaates nur gewährt werden, wenn nach den Rechtsvorschriften dieses Mitgliedstaates mindestens 12 entweder für den Anspruch oder die Berechnung der Pension zu berücksichtigende Versicherungsmonate erworben wurden

Anspruch: you can get a pension
Berechnung: if you have an "Anspruch" and how much money one will get

This paragraph is strange anyway, because it just says something about minimal standards in the EU. In Austria you have to pay at least for 84 months (7 years) into the system to have the right to get a pension. If there are any other standards for invalidity, I don't know.

Yes, I understand the "Anspruch" - it translates as "entitlement" I think. You have to have been a member of the insurance organization (I suppose in this case, as it is about money from society, and not a private insurance company, you have to have worked in Austria) for 12 months, before you can even apply. But then it says that you also have to have been a member (or worked) for 12 months, for the pension to be calculated? The size of the pension ought to be dependable on (proportionate to) the time you have worked? Or?

No I still do not understand this. I understand that first bit - that you have to have 12 "insurance months" to be entitled to a pension at all - to have the right to apply in the first place. But not the second statement "oder die Berechnung der Pension". If you cannot apply for a pension, then of course no one will calculate the size of it either... Why mention the second statement at all? It has to mean something else...

@Merwinna

Yes, you have to pay into the pension system by law. There is no way around this if you work legally.

The sentence you quoted writes about minimum requirements in EU states, which is minimum 12 months, but in Austria it's 84 months. They should state that unless for invalid pensions it's different which I don't know.

If you acquaintance has not worked for seven years in Austria, he will not be entitled to an Austrian pension as is any Austrian. That's what I know about the pension system in Austria.

Merwinna schrieb:further down in the document, they talk about months "für die Wartezeit"

"Wartezeit" is the time which one has to be into the system until he get's an "Anspruch". How many months do they say?

Narrenschiffer schrieb:"Wartezeit" is the time which one has to be into the system until he get's an "Anspruch". How many months do they say?

Thank you!

He has five, but he has to have 12, according to EU law. But what is then the column for "Leistung"? In it, it also says that he has five months. The same months, I suppose (he has only worked legally for five months, and I also understand that he cannot get a pension for that). But what does "Leistung" mean in this context?

I am trying to say, that I understand that my friend cannot have a pension from Austria. BUT I am still interested in understanding the motivation! Because there were some words and expressions there that I could not understand, and that vexes me! :)

Merwinna schrieb:he has only worked legally for five months, and I also understand that he cannot get a pension for that

Yes, that's it. Far too few months of legal contribution to the social network to get any pension which would be three Cent or so a month.

EU law says at least twelve months.

In Austria you have to contribute to the system for at least 84 months through work or 180 months privately if you startet to contribute after January 1st 2005.

https://www.oesterreich.gv.at/themen/arbeit_und_pension/pension/2/1/Seite.270140.html

For an invalidity pension (Berufsunfähigkeitspension) you need those contribution times as well. Five months of legal work is not sufficient.

Totally different would be the situation if he invalid because of a work accident. Then legal advice would be interesting, because there would then be other sources of support.

Thank you! I am still curious of the exact meaning of the words and terms I mentioned, though. Just because I want to understand German, also the legal language! :)