Befreiung von der Versicherungspflicht

What is the Befreiung von der Versicherungspflicht?

The Befreiung von der Versicherungspflicht (exemption from mandatory insurance) is a formal application under § 8 SGB V. It is used in situations where an employee would otherwise become compulsory GKV members again, typically after a jump in the JAEG, or after changes to working hours during or after parental leave. A granted exemption lets them remain in the PKV rather than return to the statutory system.

It is not a general "exit the GKV to join the PKV" procedure. In the standard case of an employee whose salary has exceeded the JAEG for a full calendar year, no § 8 application is needed, they are simply versicherungsfrei. The Befreiung is a special tool for a narrow set of situations.

The five scenarios under § 8 SGB V

The statute lists five paths. The two that matter most for expats and mid-career professionals:

1. Rising JAEG catches you out: § 8 Abs. 1 Nr. 1

The JAEG rises every January. If it climbs past your current salary (e.g. from €73,800 in 2025 to €77,400 in 2026), you technically become GKV-compulsory again, even without a pay cut. § 8 Abs. 1 Nr. 1 lets you apply to stay in the PKV.

• Deadline: 3 months from the start of insurance-liability

• Proof required: a letter confirming continued PKV cover

• Decision: irreversible for the current employment (BSG, 25 May 2011, B 12 KR 9/09 R)

2. Part-time during or after parental leave: § 8 Abs. 1 Nr. 2 and Nr. 3

Returning to work part-time can push the salary under the JAEG. Two specialised exemptions exist:

• Nr. 2, part-time during parental leave. Limited to the parental-leave period.

• Nr. 3, part-time after parental leave. Condition: working time is at most half the regular hours of the employer, and the parent was previously versicherungsfrei (insurance-free) for at least five years before parental leave because of JAEG overshoot.

Both exemptions need to be actively applied for; they do not happen automatically.

The remaining three

§ 8 also covers less common paths: Nr. 4 for severely disabled members under specific conditions, and Nr. 5 for students and certain trainees. (Beamte sit outside § 8 entirely, they are versicherungsfrei via § 6 SGB V.) If your situation doesn't fit Nr. 1 or Nr. 2/3 cleanly, get legal or brokerage advice before filing.

The irreversibility, and its limit

The Befreiung is irreversible for the specific employment relationship in which it was granted (BSG, 25 May 2011). Once signed, you cannot unwind it during that job.

But it does not follow you forever. The legal scope is narrow:

• A new employer resets the situation. If the new job is below the JAEG, insurance-liability starts fresh and you would either apply for a new exemption or return to the GKV.

• Unemployment (Arbeitslosengeld I) triggers a new GKV-compulsory status under § 5 Abs. 1 Nr. 2 SGB V.

• Moving into self-employment is different again, see the Selbstständige entry.

Practically: the "once granted, locked in forever" framing you see in some articles is wrong. The lock is per employment, not per lifetime.

When it is not the right tool

• You are already freiwillig GKV and want to switch to PKV, § 8 does not apply. The regular JAEG-overshoot + Versicherungsfreiheit (insurance-free status) route is needed.

• You dropped below the JAEG because your income fell, not because the JAEG rose: a different subset of § 8 applies. The simple Nr. 1 exemption is not available.

• You are near the 55-year lock under § 6 Abs. 3a SGB V (two cumulative conditions: not GKV-insured in the last 5 years AND at least half that time insurance-free, exempt, or self-employed). In that case, the practical reality is that you remain in the PKV regardless, and § 8 is often unnecessary.