Would you have known? Even criminals are entitled to BU benefits!

Even offenders sometimes apply for benefits under an occupational disability insurance policy. In an exclusive commentary, attorney Johannes Fiala and actuary Peter A. Schramm explain how these are to be legally classified – and when insurers are obliged to pay benefits.   What are the effects of insurance conditions of the occupational disability insurance (BU), […]

So-called guaranteed benefits in the pension scheme are absolutely not guaranteed

– What life insurance companies and pension funds are hiding from premium payers –   Life insurance policies for occupational (bAV) and private (pAV) pensions, but also pension schemes, can provide far fewer benefits than promised or promised on paper. However, policyholders often have a claim for damages against the intermediaries and advisors or product […]

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 […]

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 […]

In focus: Liability traps for lawyers and tax advisors in connection with advice on occupational pension schemes

Insolvency risks – Authority to provide legal services – Insurance cover Occupational pensions are an important component of retirement provision. They obtain their complex position in the German legal system through the interdisciplinary interaction of the most diverse fields of law, which can easily become a liability trap for legal and tax advisors; the numerous […]

More favourable occupational pensions without the Occupational Pensions Act (BetrAVG)

– How employers can free themselves from the constraining corset of the BetrAVG – Employers who want to set up company pensions look at the Company Pensions Act (Betriebsrentengesetz), or more precisely the Occupational Pensions Act (Betriebliches Altersversorgungsgesetz – BetrAVG). However, structuring a company pension in accordance with the BetrAVG usually suits neither the employer’s […]

Federal Social Court restricts offer of optional tariffs by health insurance companies

– Why optional tariffs and more are nevertheless being extended by health insurance companies – The BSG judgement of 30 July 2019 (file number B 1 KR 34/18 R) has shown that the problem of the optional tariffs offered by the health insurance funds, for example for abroad, optional services in hospitals or supplementary dental […]

No protection against malicious actions

– How FIFA, Microsoft, WPs, BP and the Mafia are sued under the same law – VW is – hopefully – not a criminal organization, just like Microsoft, BP, the FIFA or auditors (WPs) of Russian companies. Surely VW only admitted the objective circumstances in a legally preventive way, or rather admitted something of which […]

Social partner model for occupational pension schemes – old wine in new bottles

Both the Federal Ministry of Labour and Social Affairs (BAMS) and the Federal Ministry of Finance (BMF) are currently interested in improving occupational pension schemes (bAV). On the one hand, there is the concept of a “new” implementation route via the collective bargaining parties as the sponsors of the occupational pension (“Nahles pension”). On the […]

Can the “New Social Partner Model Company Pension” prevent increasing old-age poverty?

– Which disadvantages even the new occupational pension scheme (bAV) does not eliminate –   Both the Federal Ministry of Labour and Social Affairs (BAMS) and the Federal Ministry of Finance (BMF) are currently interested in improving occupational pension schemes (bAV). On the one hand, there is the concept of a “new” implementation route via […]