Voluntarily insured pensioners pay too high health insurance contributions

– How self-employed persons and pensioners are also transferred from pension schemes to compulsory insurance – Typically, (compulsory) members of the 89 professional pension schemes are either privately insured in old age (PKV) or voluntarily insured by the statutory health insurance system (GKV) at too high a price. However, this also frequently affects former self-employed […]

Additional financing of company pension schemes (bAV) subject to wage tax

When do employees face a double insolvency risk with occupational pension schemes and additional tax burdens? The subject of the BMF letter of 6 December 2017 (IV C 5 – S 2333/17/10002; DOK 2017/0989084) is, among other things, also the future treatment of incorrectly structured company pension scheme (bAV): Accordingly, special payments by the employer […]

Company pension scheme: Paying twice

The Federal Minister of Finance announced the future treatment of incorrectly structured company pension schemes (bAV): According to this, special payments made by the employer for employees are subject to wage tax if the provider makes calculation errors. Employers and employees are thus doubly liable for this “tax savings model”.   First of all, subsequent […]

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 […]

Is the Riester pension really safe?

If the Federal Council does not yet apply the emergency brake, the Occupational Pensions Reinforcement Act will enter into force on 1 January 2018. In this context, the Riester pension will also be upgraded. During the savings phase, the basic allowance increases from 154 to 175 euros per year. For company Riester pensions, the SV […]

Benefits to spouses and in the case of non-marital cohabitation are often recoverable

If donations are for the purpose of community protection, but are not gifts…. The Federal Court of Justice (BGH, ruling of 6 May 2014, file no. X ZR 135/11) decided that donations to non-marital partners with the purpose of securing the death of the donor are not gifts. If the cohabitation fails, such donations must […]

Private health insurance (PKV) must advise on medical euthanasia

– How a responsible private health insurance achieves stable contributions – A physician began his lecture on the subject of “Patient Will” with the words: “So, all those of you who are insured by the statutory health insurance (GKV) can now leave the hall – you will be left to die, because the GKV only […]

Liability for real estate loans and equity financing with life insurance – banks, insurance companies and brokers are responsible for repayment

Life insurance policies for the repayment of construction loans The combination of several financial products (e.g. building loan and life insurance, real estate loan and building society contract) promises the investor additional income through possible interest rate differences or tax savings, and at the same time additional commission for the agent. However, it is not […]

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 […]

Managing directors and senior executives give away the insolvency protection of their pension scheme

If managing directors and senior executives have been promised their company pension scheme(bAV) as a pension commitment or direct commitment, in the vast majority of cases the existing reinsurance assets are not sufficient to fully finance the retirement benefits. Insofar as reinsurance – e.g. as life insurance or investment funds – are available, employers think […]