The decision of the Supreme Court – which lies near the Kroon – reveals new, juicy details. For example, the 62-year-old Viennese man, who had his wife got married in 2023 and then applied for a pension, has requested a pension several times in vain. The pension insurer has suspicions …
“My dog feels like a cat. “Finally no more dog tax”, is in a message from a “krone” reader on the report about a Viennese man who wants to retire earlier as a woman. The legal dispute, which reached all the way to the Supreme Court, is disturbing.
Notarial gender change
As a memory: in March 2023, a Viennese man, born in 1962, changed his gender of ‘man’ in ‘Woman’ in 1962 and shortly afterwards applied for an old -age pension that he could take earlier than his retirement date. Original age due to the lower rowing age. Because the pension insurer rejected this, the man tightened a lawsuit (for clarity we stay with the male form of address).
The decision of the Supreme Court, which is available for the ‘Kroon’, puts new, juicy details about the case: according to the PVA, the plaintiff ‘often requested in vain for awarding a pension and has never reported the feeling to hear somewhere. The female gender. “There are no medical or other reports that can confirm this.
Insurance company must provide evidence
The insurer is therefore the suspicion that the applicant “only unlawfully makes the feeling of the female gender apply to be able to take advantage of an old -age pension before the standard retirement age is reached for men. – “She has been feeling woman for years,” the prosecutor replies. The dispute will soon be discussed again in the Labor and Social Court. There, the PVA can now prove why the registration as a woman is not in line with the facts. If no evidence can be provided, according to the OGH, the insured must be legally treated as a woman as soon as the registration of his gender in the central register of the civil status is changed.
Transfer without a medical certificate
By the way: the responsible municipal service of the city of Vienna initially did not want to approve the transfer to a woman, because the man had not submitted a medical specialist statement. However, the administrative court took the position that this was not a legal obligation. The transfer took place, but the judge officially appealed. As the “Krone” has confirmed, this procedure is now pending to the administrative court.
Source: Krone
I am Wallace Jones, an experienced journalist. I specialize in writing for the world section of Today Times Live. With over a decade of experience, I have developed an eye for detail when it comes to reporting on local and global stories. My passion lies in uncovering the truth through my investigative skills and creating thought-provoking content that resonates with readers worldwide.
