“Live today – save later” – this is often the motto when an annuity insurance policy is to be sold for a one-off payment. Some insurers offer this to their customers due to an emergency situation even if there is no longer a contractual legal claim to it after the start of the pension. On […]
Artikel zum Thema: Company pension scheme
Live better today – and rely on a snowball system in the future?
The subject of pensions is not easy, but it is enormously important for the future, no matter what stage of life you are currently in. Network-Karriere has asked the Munich lawyer Dr. Johannes Fiala and the pension specialist Dipl.-Math. Peter A. Schramm to prepare the most important facts: “Live today, save later” is often the […]
The entrepreneurial obligation to introduce a company pension scheme (bAV) in accordance with the Company Pensions Act since 01.01.2001
The entrepreneurial obligation to introduce a company pension scheme (bAV) in accordance with the Company Pensions Act since 01.01.2001 The legal invalidity of the commitments and the potential risk of criminal liability of the management in the event of the use of zillmerized tariffs “Any cooperation is difficult as long as people are indifferent […]
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 […]
Company pension scheme: Social assistance is pre-programmed in case of design errors
Findige bAV-Unternehmensberatung apply for a pension commitment check: “We would be happy to take over the professional checking of pension commitments for you. In doing so, we also ensure that frequent deficiencies that occur in practice (…) are also recognised”. With order the mediator receives ?questionnaires ?unfortunately however central risks are not recognized thereby, because […]
bAV – Outsourcing, severance pay, disposal
– Asset protection for employees or release from liability for companies? – Severance pay for company pension schemes (bAV) as a tax-saving model The State Social Court of Baden-Württemberg (ruling of 24 March 2015, file no. L 11 R 1130/14) decided that the early settlement of occupational pension entitlements is also to be treated […]
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 […]
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 – […]
Federal Labour Court: Ineffective restriction on widow’s benefits in company pension scheme
The Federal Labour Court (Bundesarbeitsgericht, BAG, judgment of 30 September 2014, Case No. 3 AZR 930/12) ruled that the general terms and conditions contained in a pension commitment, according to which the granting of a widow’s pension requires that the beneficiary “has predominantly provided for the maintenance of the family”, were in breach of the […]