Earlier Retirement Thanks to Gender Change? It's Not That Simple

In Austria, a curious case is currently causing discussions concerning social benefits. A person is alleged to have fraudulently obtained an earlier retirement by changing their gender entry to "female." According to media reports, they also wanted to serve an outstanding prison sentence in a women's facility.

Fact Check: Gender Change Not Sufficient for Earlier Retirement

Assessment: The person did change their gender entry, but this does not automatically lead to an earlier retirement. The case is currently still being examined by the Pension Insurance Institution (PVA).

Verification: In principle, it may be true that the person concerned received a notice of an earlier retirement. However, upon inquiry by APA Fact Check, the PVA stated that at the so-called pension date, it must always be checked whether the insurance case has actually occurred and whether all general and, if applicable, special eligibility requirements are met. For this, the gender registered in the Central Register of Civil Status (ZPR) is generally used.

However, the PVA further states that each case is examined individually. If doubts arise during processing as to whether the requirements are met, the PVA can apply a different standard retirement age than that indicated by the entry in the ZPR. This procedure corresponds to the jurisprudence of the Austrian Supreme Courts. In some cases, an expert opinion is used to determine whether there is indeed an "irreversible sense of belonging."

Investigations Due to Possible Social Benefit Fraud

Several media outlets are now reporting on investigations into possible social benefits fraud. According to "Presse," the magistrate of the city of Vienna has been tasked by the Ministry of the Interior to review the expert opinion that confirmed the gender change. "Based on the statements in the Kronen Zeitung, it cannot be ruled out that it is a courtesy report and thus a criminally relevant offense," the ministry said, according to "Presse."

In Austria, the regulations for statutory retirement age are complex. A change in gender entry can affect the retirement age, as different deadlines currently apply for women and men. According to a brochure from the Ministry of Social Affairs (see point 3.1), these are to be gradually aligned by the year 2033 (1). In any case, the authorities individually examine whether the conditions for an earlier retirement are actually met.

Affected Person Only Wanted to "Annoy the Justice System"

Originally, the case was also primarily about an outstanding prison sentence. In an interview with the "Kronen Zeitung," the affected person stated that they actually only wanted to annoy the justice system and serve their prison sentence in a women's prison. The earlier retirement age would have been just a "nice side effect."

Sources:

(1) Ministry of Social Affairs on Pensions in Austria

(APA/Red)

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