Optimisation of widow’s pensions for compulsory members of pension schemes

– Possibilities of structuring pension assets in pension chambers –   The Higher Administrative Court of Rhineland-Palatinate (OVG Rheinland-Pfalz, judgment of 26.05.2010, Case No. 6 A 10320/10.OVG) already dismissed the action of a doctor who wanted to have it established that his wife would later be entitled to a widow’s pension from the pension fund. […]

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 […]

Liability risks for employers when changing jobs and taking over company pension schemes (bAV)

– Pension capital transfer or change of policyholder – decision between plague and cholera –   In purely statistical terms, the length of service of an employee is just under five years. If the employee has a pension plan, he or she will be able to take it with him or her to the new […]

Company pension scheme: Termination, nullity and compensation of pension commitments

– How to exit from unprofitable contracts with a low tax burden -.   Contrary to claims to the contrary, the assets saved in the company pension scheme (bAV) can, as a rule, be dissolved prematurely. This applies both to the occupational pension scheme of normal employees and to managing directors and board members – […]

Company pension scheme: BGH grants garnishment protection below the level of social welfare assistance

– What monthly pension the law protects the self-employed from foreclosure -.   Since 2007, the legislator has for the first time allowed the self-employed to build up assets of up to 238,000 euros with insurance companies, protected from seizure, for old-age provision. However, the full payment of 20,000 euros, which is deductible for tax […]

Company pension scheme (bAV): Mostly no simplified accounting for micro companies (GmbH, AG, GmbH & Co. KG)

– 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 […]

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 […]

Company pension scheme: Company loses all its pension assets to insolvency administrator

– OLG Naumburg: Consultants are liable for losses and incorrect advice –   Insolvency administrator draws company and private pension provision completely an investment broker and insurance brokers are happy to advertise company and private pension provision for entrepreneurs as “seizure-proof and insolvency-proof”. However, this is not the case, as a recent ruling by the […]

Total loss for pension scheme of the managing partner in GmbH insolvency

– New BGH ruling: How the insolvency administrator achieves confiscation and immediate realisation   The most common form of company pension scheme (bAV) for the managing partners is the pension commitment. A new ruling by the Federal Court of Justice (BGH ruling of 18 July 2013, file no. IX ZR 219/11) opens up further possibilities […]

Private and occupational pension schemes: deletion of valuation reserves remains on the agenda

For more than 10 years, the yields of life insurance policies have been suffering from the low capital market interest rates. As a result, reductions of up to more than 30 % compared to the expectations raised until the turn of the millennium are the rule. However, customers with terminated or expired contracts have been […]