Salaried freelancers must be regularly registered with the statutory pension insurance scheme

Judgment of the Federal Social Court in Kassel The Federal Social Court (judgements of 03.04.2014, Ref. B 5 RE 13/14 R, B 5 RE 9/14 R and B 5 RE 3/14 R) has ruled that dependent in-house lawyers are not entitled to exemption from statutory pension insurance pursuant to Section 6 I SGB VI. The […]

Statutory and company pension schemes: Pension insurance obligation of managing directors ? 800 billion for budget restructuring?

*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 judgement of the Federal Social Court (Bundessorzialgericht) Every managing director (Gf) who works “permanently and essentially” for an employer has been subject to compulsory pension insurance since 01.01.1999, § 2 I No. 9 SGB […]

In the future, not even the contributions of the direct insurance are guaranteed at the beginning of the pension.

– When the employer alone is liable for the equal value of deferred compensation? –   2022 the value equality of the direct insurance (DV) ends In the future, it will be highly questionable whether the sum of the contributions paid in or converted will be “equal in value” at the end of the savings […]

Chamber professionals expect the abandonment of the expectancy procedure in the pension funds

– Why the capital market with compound interest effect does not allow us to expect higher pensions –   For years, insiders have been reporting difficulties in the pension funds in generating the promised returns to finance pensions. While the management of a Versorgungskammer used to pat themselves on the back year after year because […]

In the future, not even the contributions of the direct insurance are guaranteed at the beginning of the pension.

– When the employer alone is liable for the equal value of deferred compensation? –   2022 the value equality of the direct insurance (DV) ends In future, it will be very questionable whether, at the end of the savings period – the deferral period, in the case of deferred compensation in the company pension […]

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 […]

More favourable occupational pensions without the Occupational Pensions Act (BetrAVG)

– How employers can free themselves from the constraining corset of the BetrAVG – Employers who want to set up company pensions look at the Company Pensions Act (Betriebsrentengesetz), or more precisely the Occupational Pensions Act (Betriebliches Altersversorgungsgesetz – BetrAVG). However, structuring a company pension in accordance with the BetrAVG usually suits neither the employer’s […]

Alternatives to occupational pensions instead of insurance solutions

– When government subsidies and legal requirements later become a yield trap –   Increasing periods of employment in the low-wage sector or as a Hartz IV recipient reduce the prospects of the subsistence minimum in working life as well as later as a pensioner. While a fine may not affect the garnishment-free income, Hartz […]

Doubling of the tax burden due to private and occupational pensions

– When Social security and tax administration charge the citizen twice ? – The Regional Social Court of Rhineland-Palatinate (LSG Rheinland-Pfalz, judgement of 03.12.2015, ref. L 5 KR 84/15) ruled that when reinvesting the capital benefit of a company direct insurance by purchasing a private immediate annuity, compulsory contributions to the statutory health (GKV) and […]