Company pension scheme: Increase in risk due to maximum advertising promises by providers

– Employer liability for defined benefit plans, defined contribution plans, defined contribution plans with minimum benefit –   Using sample calculations for illustration, employers and employees are usually promised exaggerated pensions and increases in the value of occupational pensions (bAV). The external providers of occupational pensions (insurers, Pensionskassen, pension funds) are the most closely monitored […]

Liability risks for employers when changing jobs and taking over company pension schemes (bAV)

– Pension capital transfer or change of policyholder – decision between plague and cholera –   In purely statistical terms, the length of service of an employee is just under five years. If the employee has a pension plan, he or she will be able to take it with him or her to the new […]

Company pension scheme: Termination, nullity and compensation of pension commitments

– How to exit from unprofitable contracts with a low tax burden -.   Contrary to claims to the contrary, the assets saved in the company pension scheme (bAV) can, as a rule, be dissolved prematurely. This applies both to the occupational pension scheme of normal employees and to managing directors and board members – […]

Company pension scheme: BGH grants garnishment protection below the level of social welfare assistance

– What monthly pension the law protects the self-employed from foreclosure -.   Since 2007, the legislator has for the first time allowed the self-employed to build up assets of up to 238,000 euros with insurance companies, protected from seizure, for old-age provision. However, the full payment of 20,000 euros, which is deductible for tax […]

Company pension scheme (bAV): Mostly no simplified accounting for micro companies (GmbH, AG, GmbH & Co. KG)

– Why setting up a bAV blocks the way to balance sheet simplification -.   Following the Bundestag, on 14 December 2012 the Bundesrat also approved the draft bill on the Small Capital Companies Accounting Law Amendment Act (Kleinstkapitalgesellschaften-Bilanzrechtsänderungsgesetz). (MicroBilG) was approved. The promised EReduction in the costs of accounting for micro-corporations (GmbH, AG, GmbH […]

The company pension scheme

If the company pension does not deliver what you were promised Every day we learn from politicians and the media that the statutory pension will at some point not be sufficient to maintain the accustomed standard of living in life after a professional career. Those of us who have taken out a company pension in […]

Company pension scheme: Company loses all its pension assets to insolvency administrator

– OLG Naumburg: Consultants are liable for losses and incorrect advice –   Insolvency administrator draws company and private pension provision completely an investment broker and insurance brokers are happy to advertise company and private pension provision for entrepreneurs as “seizure-proof and insolvency-proof”. However, this is not the case, as a recent ruling by the […]

Save taxes on capital payments under the company pension scheme (bAV), severance payments and after active partial retirement

– How to design more retirement income and pension increases early on ?   “He who does not work should not eat” (Franz Müntefering, 09.05.2006)   In the last up to more than 35 years, people’s parties have more than halved the statutory net pension level. The cost of an equally high funded pension in […]

Employers are often liable to employees for company pension schemes

– What information, education and advisory duties are imposed on employers? – The Regional Labour Court (Landesarbeitsgericht – LAG Hamm, judgement of 06.12.2017, file no. 4 Sa 852/17) decided that the employer (AG) is liable for damages if the advice on deferred compensation in company pension schemes (bAV) was incorrect. This was the case even […]

Company pension scheme Managing director and shareholder-managing director

Loss of company pension scheme for managing directors in the event of insolvency The company pension scheme has increasingly become the focus of public interest in recent years due to changes and adjustments in pension policy. Politicians are increasingly shifting the issue of pensions into the personal responsibility of employees and employers, which means that […]