Decision of the OGH – woman became man – pension now at 65

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A woman became a man at the age of 57 and wanted to retire early as a woman at the age of 60. The Supreme Court (OGH) gave a refusal. The registration in the Central Register of Civil Registry (ZPR) is decisive. In this case it is a man. The retirement age is therefore 65 years.

The then-wife underwent gender reassignment surgery in 2017 and had her breasts and ovaries removed. Until that date, the person was legally considered a woman. She was married and had two children. Since 2020, she is considered a man. The pension insurer therefore refused. The man went to the court in Graz, which upheld the rejection.

The man argued that he still had primary female reproductive organs and should be treated as a woman. He has a “typical female professional biography”. “The legal system and social life assume that every human being is either female or male,” explains the OGH.

Source: Krone

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