The message in the COLLEGA Weekly Ticker 50/2017 shows that the current phase of low interest rates is also placing an enormous burden on the occupational pension schemes.
The reader of COLLEGA-Wochen-Ticker, lawyer Dr. Johannes Fiala writes us about this:
“As a private insurance company supervised by BaFin, Deutsche Steuerberater-Versicherung Pensionskasse des steuerberatenden Berufs VVaG is bound by the applicable laws. Rights and obligations arise from the VVG as well as the conditions applicable to the tariffs, including Special conditions for dynamic adjustments, further from the statutes.
It should therefore also regulate whether and with what consequences an adjustment in dynamics can be contradicted, or whether it can be ruled out completely for the future.
In the event of disputes, e.g. whether contracts are being handled correctly, complaints can be directed to the competent supervisory authority BaFin or the ombudsman:
Competent supervisory authority:
Federal Financial Supervisory Authority (BaFin)
Graurheindorfer Strasse 108
Consumer arbitration board:
Insurance Ombudsman e.V.
post office box 080632
In general, entitlements already acquired cannot be reduced, even if the dynamic is suspended or terminated – they will not increase further only through dynamic. It does happen, however, that policyholders are in error due to misconceptions about the meaning of messages – such as status messages – and then assume that they can read connections from them that do not exist in any way. It would therefore be advisable to contact the insurance supervisory authority or the ombudsman – both of them can get to grips with the problems of comprehension faced by laypersons in the actuarial profession.
by Dr. Johannes Fiala
by courtesy of
www.collega.de (published in the Collega-Wochenticker-51-52/2017 of 18.12.2017)
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About the author
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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