Book tip: Partial retirement/time value account: Handbook for personnel and payroll practice (review)

*by lawyer Dr. Johannes Fiala, MBA Financial Services (Univ. Wales), MM (Univ.), banker (IHK), certified financial and investment advisor (A.F.A.), lecturer for civil law and insurance law (Univ. of Cooperative Education) Practical guide Now in its 5th edition, this handbook provides an excellent overview of partial retirement, sometimes also referred to in practice as the […]

Attorney Tax Law Munich

Your lawyer for tax law: How we support our clients in the tax jungle German tax law is one of the most complex tax systems in the world, even if the often quoted story of the most comprehensive tax literature in the world is probably a bourgeois Moravia. As Attorney for tax law we offer […]

Generation consultants, succession planners and financial planners together with initiators in conflict with the Legal Services Act

For decades there has been the training as Financial-Planner (financial planner), Estate-Planner (succession planner) and for some years now as Generation Consultant with IHK certificate. Surely only the trainers will make money from this for the time being. At second glance, it is a guide to the violation of the Legal Services Act (RDG) and […]

Occupational pension provision: The imperative of equal value – void occupational pension provision?

bAV-Handelsblatt Forum: Invalidity of deferred compensation Dr.Reinecke, chairman of the pension senate at the Federal Labour Court (BAG), has dropped the bomb. Its core statement is that contracts for the implementation of occupational pension schemes can be (partially) null and void. Insurance intermediaries are surprised – have they been brokering ineffective contracts for years? The […]

Occupational pension provision: Zillmerisation in the case of deferred compensation inadmissible

– Judgement of the Munich Regional Labour Court is legally binding – Appeal apparently withdrawn due to lack of prospects of success – Employer and intermediary are in a billion-euro liability –   Employer collects first – and pays twice later The Regional Labor Court (Landesarbeitsgericht – LAG) Munich (ruling of March 15, 2007, file […]

Company pension scheme in the event of insolvency

Company pension scheme in the event of insolvency Insolvency administrator can collect reinsurance of a pension commitment of the shareholder-managing director   Alleged bankruptcy protection: At sales training courses it is often claimed that company pension schemes are protected against insolvency. Even an insolvency administrator cannot access this money – in particular the reinsurance – […]

bAV: Reinsurance policy not insolvency-proof – insolvency administrator can withdraw reinsurance of a pension commitment of the GGF

Johannes Fiala, lawyer (Munich), Andreas Michael Bosl, management consultant bAV (Pöcking). At sales training courses it is often claimed that company pension schemes are protected against insolvency. Even an insolvency administrator cannot access this money – in particular the reinsurance – if, for example, the employer goes bankrupt. This 1, is however simply wrong, as […]

Insolvency administrator can collect reinsurance of a pension commitment of the shareholder-managing director

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) Alleged insolvency protection: At sales training courses it is often claimed that occupational pension schemes are protected against insolvency. To this money ? In the event of the employer going bankrupt, for example, even an […]

occupational pension scheme: requirement of equal value ? void occupational pension brokerage?

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) bAV-Handelsblatt-Forum: Void conversion of remuneration Dr. Reinecke, chairman of the pension senate at the Federal Labour Court (BAG), has let the bombshell burst. Its core statement is that contracts for the implementation of occupational pension […]

occupational pension scheme: requirement of equal value ? void occupational pension brokerage?

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) bAV-Handelsblatt-Forum: Void conversion of remuneration Dr.Reinecke, chairman of the pension senate at the Federal Labour Court (BAG), has dropped the bombshell. His core statement is that contracts for the implementation of company pension schemes can […]