The Cologne Higher Labor Court (LAG) has clarified in a recent ruling that the collective agreement age limit in the TV-L takes effect only upon reaching the statutory retirement age — not already when a severely disabled person draws an early old-age pension. This decision is highly significant for many employees, as it addresses the question of when an employment relationship ends automatically without the need for a notice of termination.
What Is Behind Section 33 TV-L?
The Collective Agreement for the Public Service of the German States (TV-L) contains in Section 33 a provision on the termination of the employment relationship without notice. According to this provision, the employment relationship ends at the end of the month in which the employee reaches the legally defined age for entitlement to the standard old-age pension. This means: as soon as you reach the statutory retirement age, your employment contract ends automatically, without your employer having to give notice. This so-called age limit is common in many collective agreements, including in the public sector.
The term “standard old-age pension” (Regelaltersrente) is crucial here. The German Social Code Book VI (SGB VI) provides for several types of old-age pensions: the standard old-age pension, the old-age pension for long-term insured persons, the old-age pension for severely disabled persons, and others. The standard old-age pension is the “regular” old-age pension that can only be claimed upon reaching the statutory retirement age. For most employees, this age lies between 65 and 67, depending on their year of birth. Severely disabled persons may, under certain conditions, draw an old-age pension earlier — the old-age pension for severely disabled persons.
The Case Before the LAG Cologne: A Severely Disabled Employee and Her Pension
In the case decided by the LAG Cologne, the plaintiff was an employee born in 1959 who had been employed since 1980. She had a degree of disability of 50 and thus qualified as severely disabled within the meaning of social law. In summer 2023, she applied for a reduction in working hours and submitted a notice from the pension insurance confirming that she had been drawing an old-age pension for severely disabled persons since August 1, 2023.
The parties then concluded an amendment agreement in which the employee was “continued in employment from August 1, 2023” and reference was made to the TV-L. The employer, however, took the view that the employment relationship had already ended at the end of the month in which the employee applied for the old-age pension for severely disabled persons — because the age limit was tied to the pension age, and for severely disabled persons an earlier age limit would apply. The employee filed suit, arguing that her employment relationship continued because she had not yet reached the statutory retirement age.
Why the Collective Agreement Age Limit Is Not Reached with the Disability Pension
The LAG Cologne stated in its judgment of August 18, 2026 (Ref. 7 SLa 90/26) that the collective agreement age limit in the TV-L expressly refers to the “legally defined age for reaching the standard old-age pension,” not to other types of pension. The Social Code Book VI draws a clear distinction between the standard old-age pension and the old-age pension for severely disabled persons. The latter can be drawn earlier, but it is not the standard old-age pension.
Therefore, the collective agreement age limit is not reached at the point when an employee becomes eligible to draw an old-age pension for severely disabled persons. Only when the person has actually completed the statutory retirement age does the employment relationship end automatically — provided the collective agreement contains no deviating provision. Anyone who draws an early pension but has not yet reached the statutory retirement age thus retains their employment relationship.
Protection Against Discrimination Under the AGG: Why the Link Is Problematic
The court also pointed out that a different interpretation would violate the General Act on Equal Treatment (AGG). If the collective agreement age limit were to link without further conditions to the age limit for severely disabled persons, severely disabled employees would be disadvantaged: they would lose their employment relationship earlier than non-disabled colleagues solely because they are eligible for an early pension. This would constitute discrimination on grounds of disability, which the AGG prohibits.
The European Employment Equality Directive 2000/78/EC, on which the AGG is based, protects against discrimination on grounds of disability in employment. A collective agreement provision that automatically forces severely disabled persons out of working life earlier would contradict this protection. The LAG Cologne therefore emphasized that such an unconditional link would be impermissible. For practice, this means: collective agreements containing an age limit must be interpreted so as not to lead to discrimination against persons with disabilities.
What the Ruling Means for Affected Employees
For employees who are severely disabled and draw an early old-age pension, this decision provides important clarity: they need not fear that their employment relationship ends automatically simply because they claim the pension. As long as they have not yet reached the statutory retirement age, they can continue working if they wish. The employer cannot simply rely on the age limit to dismiss them.
However, the specific case also shows that the collective agreement age limit may still apply in individual cases — because the LAG Cologne dismissed the employee’s appeal. This means the plaintiff lost in court. The exact reasons follow from the judgment, which is a decision on the individual facts. Nevertheless, the guiding principles are groundbreaking for the interpretation of Section 33 TV-L.
If you find yourself in a similar situation — you draw an early pension and your employer invokes a collective agreement age limit — you should check carefully whether you have already reached the statutory retirement age. If not, your employment relationship generally continues. In such a case, seek advice from a specialist lawyer for employment law to enforce your rights. A specialist can assess whether a lawsuit has prospects of success and which deadlines you must observe. With long periods of service, the question may also arise whether a termination is effective — read more on this in our article on severance after 30 years.
Your Rights: Action for Protection Against Dismissal and Litigation Funding
If your employer declares the employment relationship terminated even though the collective agreement age limit has not yet been reached, you can fight back. One option is an action for protection against dismissal, which must be filed within three weeks of receiving a notice of termination. Even where the issue is not a dismissal but an automatic termination, a declaratory action may be useful to have the continued existence of the employment relationship established by a court. An experienced lawyer can help you choose the right type of action and meet the deadlines.
RechtStark supports employees in such situations by financing the costs of an action for protection against dismissal or another employment-law lawsuit — if the action has prospects of success. We are not a law firm and do not provide legal advice. Instead, we work with independent specialist lawyers who represent your interests in court. If you are unsure whether a lawsuit is worthwhile, you can inform yourself free of charge with us about the possibilities of litigation funding.
The LAG Cologne ruling shows how important it is to know your rights. The collective agreement age limit is not a foregone conclusion — it applies only when the statutory requirements are actually met. Do not let yourself be bought off prematurely; check whether your employment relationship has truly ended. With the right legal support, you can strengthen your position and, if in doubt, continue working — or negotiate a fair severance package if termination is unavoidable.
Note: This article is for general information purposes only and does not replace individual legal advice. For a free initial assessment of whether litigation funding may be an option for your case, you can contact RechtStark.