Link to this article: http://www.pt-magazin.de/newsartikel/archive/2013/april/19/select_category/21/article/nicht-insolvenzsicher.html
Artikel zum Thema: Employer liability
Occupational pension scheme: Employers liable for poor returns
According to the ruling, employers are liable if an occupational pension provider – such as a pension fund – reduces its benefits in accordance with its statutes. As a result of the continuing low level of interest rates, virtually every employer with occupational pension commitments will soon have to reckon with this. What specific risks […]
bAV: Zillmerisation in the case of deferred compensation inadmissible
Billion-dollar liability for employers, intermediaries and providers – employers successfully sued over company pension scheme. A few days before the oral proceedings (Case No. 3 AZR 376/07) before the Federal Labour Court (Bundesarbeitsgericht – BAG), the employer sued apparently recognised the hopelessness of its appeal. The decision of the Munich Regional Labor Court (LAG) of […]
Company pension
Why they are at risk from low interest rates and who is liable for them A new ruling by the Federal Labour Court (Bundesarbeitsgericht – BAG) confirms that employers are liable if a company pension scheme (bAV) sponsor reduces its benefits in accordance with its statutes. As a result of the continuing low level of […]
Employer liability for occupational pensions: Unequal rates for men and women
New ruling of the European Court of Justice (ECJ) The ECJ also obliges employers in occupational pension schemes to use only so-called “unisex tariffs” from 21 December 2012, for example when using direct insurance. Up to now, female employees have received a lower occupational pension than male employees for the same contribution, because men have […]
Unisex changeover 2013 – note new tariffs with immediate effect
Through the Occupational Pensions Act, the legislator has imposed an additional task on employers “as disinterested investment managers” of their employees and also holds them liable for this. The authors explain what employers, but also consultants involved in the human resources area of companies, must observe from 2012 in order to comply with the legislator’s […]
trapped employer
Deferred compensation with insurance solutions: Employers have double wage costs through company pension schemes. An employee had asked her employer to invest part of her salary in a company pension scheme on her behalf (deferred compensation). After 6,230 euros had been transferred to a “company pension scheme” by the employer within three years, the […]
Employee damage due to company pension scheme
In a ruling of 15 March 2007 (reference number 4 Sa 1152/06), the Munich Regional Labour Court ordered an employer to reimburse a former employee for the difference between the “premium sum of converted wage contributions” and the “surrender value” at the end of the employment relationship. After about 3.5 years of deferred compensation through […]
Employer liability and duty to advise in occupational pension schemes
Employer liability in the context of occupational pension schemes Employers and their associations are not yet sufficiently aware that they are on the front line of responsibility and liability. Some insurers play this down in order not to jeopardise the brokerage of their products. Many companies complain about existential legacy issues. Now for an example […]
How can companies best protect themselves against possible liability claims in occupational pension schemes?
Employers have double wage costs due to company pension scheme?! The case: Employee loses around 90% of his company pension Anna M. (name changed) had asked her employer to invest part of her salary in a company pension scheme on her behalf (deferred compensation). After 6,230 euros had been transferred to a “company pension […]
