The Bavarian State Social Court (LSG Munich, judgement of 03.06.2016, Ref. L 1 R 679/14) confirmed the determination of the insurance obligation of a pool broker in the statutory pension insurance. The pool broker had already been defeated in the lower court: “In its ruling of 9 May 2014, the SG dismissed the action. The […]
Artikel zum Thema: Employer liability
Company pension scheme: U-Kassen without insolvency protection, up to 25 billion euros employer liability
The “Adkura Cash” case: Once upon a time there was a U-Kasse in Ratingen, today you can only find the insolvency administrator on the Internet who handles this U-Kasse. The case went through the press, because the last official act of the owners of that U-Kasse was to transfer the U-Kasse assets to the Cayman […]
Hanseatisches Oberverwaltungsgericht: Reinsured relief fund is not insolvency-proof either
– Why reinsured relief funds lead to employer liability – The Hamburg-based OVG provides in its Urt. v. 14.1.2010 (Case No. 4 Bf 22/08), the Federal Court of Justice made it clear that even in the case of reinsured provident funds (UK) to pension funds and direct insurance, there is an increased risk of […]
Employer bankruptcy- Company pension gone
Revocation is often also possible in the case of occupational pension schemes (bAV). It leads to immediate payment claims for employers, but also sometimes for employees and their creditors. This is bitter for the insurers, but the beneficiaries also often go away empty-handed. Since a right of revocation still exists in large numbers today, […]
Insurance: Reversal, revocation and enforcement in the case of company pension schemes
Revocation is possible for life insurance policies (LV) for an eternal period. In the main, this may affect around 40% of life and pension insurance policies from the years 1995-2007 alone. This is based on rulings by the European Court of Justice (ECJ, ruling of 19 December 2013, Case C-209/12) and the Federal Court of […]
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 […]
Do not give away the insolvency protection of the pension scheme
If managing directors and executives have been promised their company pension scheme (bAV) as a pension commitment or direct commitment, in most cases the existing reinsurance assets are not sufficient to finance the retirement benefits. To the extent that reinsurance is available – for example, in the form of life insurance or investment funds – […]
In focus: Liability traps for lawyers and tax advisors in connection with advice on occupational pension schemes
Insolvency risks – Authority to provide legal services – Insurance cover Occupational pensions are an important component of retirement provision. They obtain their complex position in the German legal system through the interdisciplinary interaction of the most diverse fields of law, which can easily become a liability trap for legal and tax advisors; the numerous […]
Who is entitled to a contribution subsidy from the employer?
Additional burdens for the employer with PKV-insured employees Do employees with private health insurance have a right under employment law to a contribution subsidy for private health insurance from their employer? And if so, under what conditions? And there’s also the question of how the employer contribution is taxable. By decision of the Federal Social […]
Pension funds stress employers over their default liability to employees
There are increased liability risks for employers in around 87% of pension funds One way of implementing the company pension scheme is the Pensionskasse (PF). Because they are monitored by the Federal Financial Supervisory Authority (BaFin), employers in this case are spared having to contribute to the Pension Protection Association (PSVaG). If the employer becomes […]