Civil partnership and marriage

ULA: discussing issues for the future


At 11. and 12 May, the ULA Speaker’s Committee Day 2011 will be held at Pariser Platz in Berlin. The event is aimed at spokesperson committee members from large and medium-sized companies in all sectors. The focus is on current economic and career-related issues that go beyond the mandate as representative of senior executives. The focus is on the following topics

  • Ethics and compliance in management
  • Germany as a research and industrial location
  • Work-life balance. The speakers will be: Dr. Rolf Raum, Judge at the Federal Court of Justice, Wolfgang Schenk, HR Bayer AG, Leverkusen, Dr. Gerd Romanowski, VCI, Dr. Bernd Hense, Daimler AG, and Hildegard Müller, Federal Association of the Energy and Water Industries.

Keep in mind when moving

In the case of a move, it is not only a question of notifying the new address, but also of the continuation of the insurance cover, which only lasts as long as the premiums are paid. Even if everyone believes that they always pay on time, there can be a nasty surprise after a move: If the insurance companies are not informed of the new account details when a change of bank is made, the premiums cannot be debited by direct debit. This could end up having dire consequences.

The new BdV leaflet “Umzug” (Moving) provides answers and suggestions to these and many other questions on the subject of moving and insurance. It is available free of charge from Bund der Versicherten e. v., Postfach 11 53, 24547 Henstedt-Ulzburg. It can be downloaded from the Internet at


Tax tip for graduates

“In the case of job-related relocations, for example after training or university, numerous costs can be claimed against tax within certain maximum amounts as part of the so-called ‘double budgeting’. The prerequisite is that the employee already maintains his or her own household,” explains Isabell Gusinde of BHW Bausparkasse. Expenses include z. e.g. removal costs, costs for the second home (e.g. furnishings or renovation costs) and second home tax. “A separate household does not exist if the employee still lives in the parents’ household,” emphasizes the BHW expert.


Civil partnership and marriage

In its decision of 7 July 2009 (case no. 1 BvR 1164/07), the Federal Constitutional Court ruled that the unequal treatment of marriage and registered civil partnerships with regard to occupational survivors’ benefits for employees in the public service who are insured with the Federal and Länder Pension Scheme (Versorgungsanstalt des Bundes und der Länder – VBL) is not compatible with the Basic Law.

The provision in the VBL Rules according to which, in the event of the death of an insured person, survivors’ benefits are granted only if the person had lived in a marriage is invalid. This discrimination of registered civil partnerships compared to marriage constitutes a violation of the general principle of equality under Article 3.3 of the Basic Law. I of the Basic Law, which is also not justified by a reference to the requirement of protection of marriage in accordance with Article 6.1 of the Basic Law. 1 GG can be justified.

With its decision now before it, the Federal Constitutional Court has overturned the ruling of the Federal Court of Justice on the grounds of a violation of the principle of equality under Article 3 (3) of the Basic Law. 1 of the Basic Law and declared invalid the provision in the VBL Rules granting survivors’ pensions only to spouses.

by Dr. Johannes Fiala


by courtesy of (published in VDL Journal 02/2011, page 33)

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About the author

Dr. Johannes Fiala Dr. Johannes Fiala

Dr. Johannes Fiala has been working for more than 25 years as a lawyer and attorney with his own law firm in Munich. He is intensively involved in real estate, financial law, tax and insurance law. The numerous stages of his professional career enable him to provide his clients with comprehensive advice and to act as a lawyer in the event of disputes.
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