– Asset protection for employees or release from liability for companies? – Severance pay for company pension schemes (bAV) as a tax-saving model The State Social Court of Baden-Württemberg (ruling of 24 March 2015, file no. L 11 R 1130/14) decided that the early settlement of occupational pension entitlements is also to be treated […]
Company pension scheme: Ineffective outsourcing of the pension commitment to another GmbH The entrepreneur U. would like to sell his GmbH. The buyer is not willing to assume the biometric risks of the pension commitments as part of the “M&A share deal”. This according to the motto “who knows how long the pensioners will live […]
The bAV problems: Entrepreneur U. would like to sell his GmbH. The buyer is not willing to assume the biometric risks of the pension commitments as part of the “M&A share deal”. This according to the motto “who knows how long the pensioners will live and whether the reinsurance is really sufficient”? The same problem […]
Why Canada is attractive for investors The economic and political situation in Europe, as well as the issues of climate change and peace, are prompting more and more people to diversify their assets. Whereas in the past people had invested their assets classically in real estate and shares in Germany, there is a clear trend […]
As of January 31, 2023, transposition into national law (draft bill of April 20, 2022) is to make it easier for domestic companies to merge with foreign (European) companies, including transfer of the registered office abroad. In return, company pensioners can then be deprived of the protection of the German #Pensionssicherungs #Vereins aG (PSVAG) in […]
Insolvency application risk for pension commitments The so-called pension commitment or direct commitment is a common and extremely popular pension provision concept for managing directors, especially in medium-sized companies. Thousands of times thought of as a retirement provision for leading employees, this “tax savings model” was gladly recommended by tax consultants all over Germany and […]
– Why employer time value accounts regularly do not offer insolvency protection – The “Flexi II Act” came into force on 01.09.2009. This was intended to provide employees with better protection against loss in the event of the employer’s insolvency. Today, this proves to be incorrect in at least 98% of the companies. […]
– 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 […]
– 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 […]
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 […]
