When time value accounts lead to criminal prosecution and employer liability

Time value accounts (ZWK) are used to shift social insurance and payroll tax contributions into the future. Such ZWK arrangements are not recognised for tax purposes in the case of members of the management boards of public limited companies and managing directors of private limited companies, as the Federal Minister of Finance clarified (letter dated […]

Company pension scheme: U-Kassen without insolvency protection, up to 25 billion euros employer liability

The “Adkura Cash” case: Once upon a time there was a U-Kasse in Ratingen, today you can only find the insolvency administrator on the Internet who handles this U-Kasse. The case went through the press, because the last official act of the owners of that U-Kasse was to transfer the U-Kasse assets to the Cayman […]

Employer liability for occupational pensions: Unequal rates for men and women

New ruling of the European Court of Justice (ECJ) The ECJ also obliges employers in occupational pension schemes to use only so-called “unisex tariffs” from 21 December 2012, for example when using direct insurance. Up to now, female employees have received a lower occupational pension than male employees for the same contribution, because men have […]

Employer liability and duty to advise in occupational pension schemes

Employer liability in the context of occupational pension schemes Employers and their associations are not yet sufficiently aware that they are on the front line of responsibility and liability. Some insurers play this down in order not to jeopardise the brokerage of their products. Many companies complain about existential legacy issues. Now for an example […]

Occupational pension schemes: U-funds without insolvency protection, up to 25 billion euros employer liability

by Johannes Fiala, Lawyer (Munich), M.B.A. (Univ.Wales), M.M. (Univ.), Certified Financial and Investment Advisor (A.F.A.), EC Expert (C.I.F.E.), Banker (www.fiala.de) The case ?XXX U-Kasse?: Once upon a time there was a U-Kasse in Ratingen, today you can only find the insolvency administrator on the Internet who is winding up this U-Kasse. The case went through […]

Occupational pension schemes: U-funds without insolvency protection, up to 25 billion euros employer liability

by Johannes Fiala, Lawyer (Munich), M.B.A. (Univ.Wales), M.M. (Univ.), Certified Financial and Investment Advisor (A.F.A.), EC Expert (C.I.F.E.), Banker (www.fiala.de) The case ?XXX U-Kasse?: Once upon a time there was a U-Kasse in Ratingen, today you can only find the insolvency administrator on the Internet who is winding up this U-Kasse. The case went through […]

bAV: Facts & Fiction: Does Zillmerung mean safe employer liability ?

*by Johannes Fiala, lawyer (Munich), MBA Financial Services (Univ.Wales), MM (Univ.), certified financial and investment advisor (A.F.A.), EC expert (C.I.F.E.), lecturer (Univ. of Cooperative Education), banker (www.fiala.de) and graduate mathematician Peter A. Schramm, actuary DAV (Diethardt), actuarial expert (www.pkv-gutachter.de). “The less people know how sausages and laws are made, the better they sleep.? (Otto Eduard […]