A resident of Vienna, Austria, changed their gender in the city’s registry from male to female in March 2023, sparking a legal controversy. The 61-year-old man, born in 1962, had requested the change based on a medical expert’s report confirming his identification as a woman. He then applied for early retirement, which is available to women at the age of 60. The Pension Insurance Fund (PVA) initially rejected the application, citing a lack of external evidence of gender transition and suggesting that the change was made solely to take advantage of the lower retirement age. The individual had not undergone any psychotherapy, hormone therapy, or gender-affirming surgery, the PVA stated.
“It is therefore assumed that he never felt himself to be a woman at any point in time, but rather claimed to be one in order to take advantage of the lower retirement age for female insured individuals”the PVA argued.
The man subsequently filed a lawsuit, which was initially decided in his favor. The PVA appealed and the higher court overturned the decision. The case eventually reached the Supreme Court, which upheld the appeal court’s ruling. The PVA must now prove that the gender change does not reflect the actual circumstances.
The case raises not only legal but also financial questions. Michael Sommer, the economic spokesperson for the Austrian Freedom Party in Lower Austria, warned that up to 50,000 men could attempt to retire early through this “folly”costing the state and, ultimately, every hardworking person an estimated €1.5 billion per year.
In Austria, the standard retirement age for women born before 1963 is 60, while for those born later, the age is gradually being brought in line with the 65-year-old standard for men.
A recent ruling by the Administrative Court of Appeals (VwGH) could curb the misuse of gender-specific claims. The VwGH has ruled that, in principle, a person’s biological gender should be the basis for registering their gender in the population register. Previously, it was possible to change one’s gender based on a person’s psychological identification, even without gender-affirming surgery. LGBT activists, on the other hand, fear that the new ruling could lead to trans individuals being registered according to their biological gender, rather than their lived gender.