Legal advice for your private pension provision

Private pension provision and its pitfalls Anyone who wants to take out insurance for old age cannot afford to ignore a private pension plan today. The standard of living with the statutory pension in the future is doubtful. A well thought-out concept for a private pension scheme is therefore equally important for self-employed and employees. […]

Occupational pension provision – to be used with caution

The Federal Minister of Finance (BMF, letter dated 28.09.2017 – draft dated 04.10.2017) announced the future treatment of incorrectly structured occupational pension schemes (bAV): According to this, special payments by the employer in the event of calculation errors by the provider are liable to pay income tax for employees. Employers and employees are thus doubly […]

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– Judgement of the Munich Regional Labour Court is legally binding – Appeal apparently withdrawn due to lack of prospects of success – Employer and intermediary are in a billion-euro liability –   Employer collects first – and pays twice later The Regional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 […]

BGH ruling: Private pension provision pensions are fully attachable

Many self-employed persons and freelancers are not aware that, according to a ruling of the Federal Court of Justice, private insurance pensions, such as accident or occupational disability pensions, or pensions of former freelancers and self-employed persons do not enjoy any protection against seizure. As a rule, the legally permitted insurance assets that are exempt […]

Occupational pension provision: entrepreneurs must expect a wave of lawsuits

A recent ruling by the Munich Regional Labour Court confirms that the offsetting of acquisition costs in the first few years in occupational pension schemes with deferred compensation is not permissible. Corresponding agreements are null and void – even if the employee was previously expressly informed about the offsetting of acquisition costs. In its reasons, […]

Post-mortem allowance Succession planning and pension provision

An advisor to private wealth clients is familiar with “anticipated inheritance.” Every ten years, the usual allowances for spouses and children – via chain gifts also from grandparents to grandchildren can be used. What is less well known is that this inheritance tax ten-year rule can also be applied after death. This also multiplies the […]