the amount that would have been yielded on the basis of the standard rate applicable
for 2008, which would have been updated by the respective current pension value
yielded […] under the statutory pension insurance scheme […]. Yet there can be no
constitutional objection to such an outcome because it is transparent on the basis
of credible figures, can be justified, in constitutional terms, according to reasonable
evaluations, and is not unobjective nor based on figures pulled from thin air or on wild
estimates (cf. BVerfGE 125, 175 <223, 237 and 238>; 132, 134 <170 and 171, para.
90 and 91; see above C I 2 b aa).
c) As a statistical model of calculation, the orientation to the income and consumption survey, which is stipulated in law, […] is a procedure that is in principle suitable
for determining realistically the benefits needed to secure a dignified minimum existence (cf. BVerfGE 125, 175 <232 et seq.>). The stipulation […] that the level and development of net incomes, consumer behaviour and cost of living that is based on actual consumer expenditures and identified by the income and consumption survey for
lower income groups should be taken into account in determining average nationwide
levels of standard needs is not unobjective and can be justified in a way that stands
up to scrutiny. There can be no fundamental constitutional objection to the legislature
[…] using income as a reference for determining standard needs under the provisions
submitted for review here if only the actual consumer expenditure of lower income
groups is taken into consideration (see below d bb). This is part of the legislature’s
orientation towards the state of development of the community and existing conditions of life (cf. BVerfGE 125, 175 <222>); it connects those who receive benefits to
those in gainful employment (cf. BVerfGE 125, 175 <234>; see also Bundestag printed papers (BTDrucks) 17/3404, p. 121 and 122.), but it does not in itself facilitate a
situation in which benefits for securing the existence minimum fall below the minimum
level required by the Constitution.
92
However, the legislature has not used the statistically-determined expenditure behaviour as basis for its calculations unmodified. To establish statutory standard needs
under the provisions submitted for review, the actual consumer expenditure of lower
income groups as identified by the income and consumption survey is only the point
of departure. To this are added special evaluations, calculations using individual distributions schedules as well as an assessment of whether the items of expenditure
shown by consumer statistics are necessary for guaranteeing a dignified minimum
existence. Any underfunding resulting from such modifications has to be taken into
account (below f). It is imperative that, as a result, a dignified minimum existence be
in fact secured (see C I 1 b aa above).
93
d) The determination of standard needs is, in using the income and consumption
survey, is generally based on appropriate empirical data (cf. BVerfGE 125, 175
<235>).
94
aa) There is no requirement for the legislature to collect its own data for the calculation of every single benefit; instead, the legislature may opt to use existing data. Here,
95
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