– How the insurance consultant with a second job may do exactly this and more nevertheless – Insurance brokers as well as insurance consultants are allowed to offer policyholders (VN) in private health insurance (PKV) at the change of tariff according to the new tariff. § Section 204 of the German Insurance Contract Act […]
Loss of company pension scheme for managing directors in the event of insolvency The company pension scheme has increasingly become the focus of public interest in recent years due to changes and adjustments in pension policy. Politicians are increasingly shifting the issue of pensions into the personal responsibility of employees and employers, which means that […]
– Why is it that no one is harmed? – Reduction of pensions by pension funds and pension institutions Expectations regarding the level of benefits at pension institutions (PA) and pension funds (PK) have been steadily and foreseeably clouding over for many years. Section 314 of the Insurance Supervision Act (VAG) allows the Financial […]
Incorrect tax data at the life insurer leads to massively excessive tax The Münster Tax Court (FG, judgement of 30.01.2018, file no. 5 K 3324/16 E) recently decided that an occupational disability pension ending before the start of the retirement pension is not taxable in accordance with a basic pension for the most part, but […]
The Federal Court of Justice (BGH, ruling of 26 August 2018, file no. I ZR 274/16) expects the plaintiff, who feels that he has suffered damage after the re-coverage of life insurance policies, to present facts from which the probability of damage can be deduced for a declaratory action. An action for a declaratory […]
– How will the severance pay for company pension schemes (bAV) be subsidised from 01.07.2016? – As of July 1, 2016, the severance payment of pension commitments on occupational pension schemes will be classified as pension benefits by the umbrella organisations of the social security system, Section 229 SGB V. This means that neither unemployment […]
The Federal Social Court (BSG, ruling of 10.10.2017, Ref. B 12 KR 2/16) decided that no health insurance contributions are owed on benefits from a voluntary supplementary occupational disability insurance and/or private pension insurance. In the case decided, the plaintiff has been drawing a BU pension since 2008. All of a sudden, sometime in 2011, […]
The Federal Social Court (BSG, ruling of 10.10.2017, Ref. B 12 KR 2/16) decided that no health insurance contributions are owed on benefits from a voluntary supplementary occupational disability insurance and/or private pension insurance. Pension fund of the press had been wrong or mistaken? In the case decided, the plaintiff has been drawing a […]
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 […]
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 […]
