Service incapacity (Dienstunfähigkeit) of a probationary civil servant (Beamter auf Widerruf) means in essence: if you are permanently unfit for service, you can be dismissed. What income and insurance cover remains afterwards depends on your status, your length of service and your savings. This guide explains the process under the law and shows which gaps can open up without cover.
Short answer: Probationary civil servants can be dismissed at any time under section 23 BeamtStG. For lasting service incapacity, dismissal is the foreseen outcome. With the dismissal the civil service relationship ends, and with it the entitlement to salary and Beihilfe as a civil servant. Whether a pension arises depends on the pension rules. As of October 2026.
The essentials in brief
- For lasting service incapacity, civil servants must be dismissed under section 23(1) sentence 1 no. 3 BeamtStG.
- Probationary civil servants can be dismissed at any time under section 23(4) BeamtStG and should be given the chance to end the training and sit the examination.
- With the end of the civil service relationship, the Beihilfe entitlement as a civil servant ends too.
- For health insurance after dismissal, the pre-insurance periods decide (section 9(1) no. 1 SGB V).
- A pension for reduced earning capacity requires contribution periods (section 43 SGB VI). As a civil servant you are generally not insured for it.
- Which entitlements exist in your case is shown by state or federal law in the individual situation.
What does section 23 BeamtStG say about dismissal?
A civil servant is dismissed by administrative act, that is, by a formal notice (section 23 BeamtStG). Probationary civil servants (Beamte auf Probe) face their own grounds, for example failing to prove themselves during the probation period. For probationary civil servants on revocable terms the law provides dismissal without such grounds (section 23(4) BeamtStG).
The dismissal for lasting service incapacity is governed by section 23(1) sentence 1 no. 3 BeamtStG. Under sentence 2, section 26(2) applies accordingly, which describes service incapacity in more detail. If you receive such a notice, check the deadlines and get legal advice before you respond.
What happens to income and insurance?
The table shows the consequences by phase. It is simplified, because salary and Beihilfe are determined in each case by state or federal law.
| Phase | Consequence under civil service law | Health insurance |
|---|---|---|
| Fit for service, civil service relationship continues | Salary under state or federal law | Beihilfe, supplemented by private cover or voluntary statutory membership |
| Lasting service incapacity, dismissal | Civil service relationship ends under section 23 BeamtStG | New solution needed, voluntary statutory membership only with pre-insurance (section 9 SGB V) |
| Pension entitlement | Depends on length of service and pension rules, check case by case | Health insurance must be clarified separately |
The phases are typical stages. The transition between them is fluid, because the course of an illness, medical reports and decisions by the employer can overlap. Plan with a time buffer and note the deadlines for each step.
Why health insurance after dismissal can be difficult
After a dismissal you are not automatically back in the statutory insurance. Voluntary membership requires that you were a compulsory member before and meet the pre-insurance periods (section 9(1) no. 1 SGB V). Joining must be notified within three months (section 9(2) SGB V). If you were privately insured before, this route is generally not open to you.
Voluntarily insured members are subject to a minimum assessment base. For 2026 it was 1,318.33 euros per month (GKV-Spitzenverband, as of 1 January 2026). If your income is below that, contributions are calculated on this base.
How does a dismissal proceed?
A dismissal under section 23 BeamtStG takes effect through a written notice. The notice should state the legal basis and the date of dismissal. Check this immediately, because from that date salary, Beihilfe and insurance cover have to be clarified again.
Against an administrative act you can generally lodge an objection (Widerspruch). The period for this begins with notification, so note the date of the notice straight away. Legal advice helps to assess the prospects and the effects on salary and insurance.
Why savings matter in this phase
With the dismissal regular income stops, while rent, insurance and loans keep running. Savings covering several months of fixed costs bridge the time until a new solution. How much you need depends on your obligations. Whether private cover can close the gap is best checked together with the guide on service disability insurance.
Worked example: what gap opens without cover?
Assumption: you have monthly fixed costs of 1,800 euros and no savings. If salary falls away for twelve months, 21,600 euros are missing. Contributions for new health insurance come on top and can be considerable. How large your gap is depends on your savings and any benefits you actually have.
What can you check now?
- Read the appointment letter and clarify whether you are a probationary civil servant on revocable terms or on probation.
- Ask the responsible office which salary and Beihilfe apply during a phase of service incapacity.
- Check whether you meet the pre-insurance periods for voluntary statutory membership.
- Check whether cover for income loss fits your needs.
- Keep all notices and get legal advice if you are dismissed.
Frequently asked questions
Can I still finish the preparatory service after service incapacity?
The law provides that probationary civil servants on revocable terms should be given the opportunity to end the training and sit the examination (section 23(4) sentence 2 BeamtStG). How this is applied in your case is decided by the responsible authority on the facts.
Do I get a pension if I am unfit for service?
A statutory pension for reduced earning capacity requires insurance periods (section 43 SGB VI). As a civil servant you are generally not insured in the statutory pension scheme. What a civil service pension looks like depends on your length of service and the rules of your employer.
Does Beihilfe end with the dismissal?
Beihilfe is tied to the civil service relationship. When that relationship ends, your entitlement as a civil servant ends too. Clarify a follow-on solution for health insurance early.
Is a dismissal the same as a termination?
No. A dismissal under section 23 BeamtStG is an administrative act, that is, a formal notice from the employer. It follows a set procedure and has its basis in law.
Can I insure myself privately against service incapacity?
Yes. Whether such a policy is worthwhile is covered in Dienstunfähigkeitsversicherung für Referendare: Brauchst du sie?.
Related reading
- Teacher Disability Insurance: Occupational vs. Inability to Serve
- Civil Servant Health Aid: Rates and How It Works
- Health Insurance After the Trainee Period: What Comes Next
- Referendariat ohne Verbeamtung: Angestellte Referendare und GKV
- Beihilfe im Referendariat: Anspruch, Satz und Antrag (in German)
Sources: Section 23 BeamtStG, dismissal by administrative act (German), Section 9 SGB V, voluntary insurance (German), Section 43 SGB VI, pension for reduced earning capacity (German), GKV-Spitzenverband, social insurance reference figures 2026 (as of 1 January 2026, German).
Last updated: October 2026. This guide is general information, not individual advice.
