– How employees can lose their company pension completely from one day to the next – In occupational pension schemes (bAV), most employees are in the position of a lender, because the employer regularly has at best a fraction of the necessary funds set aside for a specific purpose. Usually, the employer does not […]
Contribution notices of the statutory health insurance for supplementary benefits: What you have to pay attention to in order to keep the overview The current ruling of the Social Court of Dortmund of 22.01.2014 (Ref. S 39 KR 1585/13) led to the reimbursement of all additional contributions to the GKV levied by way of […]
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 […]
The basic provisions granted by the legislator as a protective shield for old-age provision are not comprehensive. The approach of professional asset protection starts with the consideration of an early division of assets. By separating the professional risks within the framework of a corporation from the private assets, a liability block is created quite legally. […]
The Federal Labour Court (BAG, ruling dated 11 November 2014, ref. 3 AZR 404/13) decided when a pension commitment does not fall under the protection of insolvency insurance by the Pensionssicherungsverein aG (PSVaG) as a company pension scheme (bAV) because it is based on a position as a shareholder – and was therefore not issued […]
Foreign insurance companies, especially those from the European Economic Area (EEA) and the European Union (EU) are increasingly competing with domestic providers. For insurance intermediaries and insurance customers, this creates risks, but also opportunities. In private health insurance we see only the beginning of a development here. EEA and EU insurers must obtain a certificate […]
Insolvency-protected company pension scheme (bAV) for employees with direct insurance Federal Court of Justice (BGH) protects employer-financed direct insurance policies In its decision of 5 December 2013 (Case IX ZR 165/13), the BGH ruled in favour of an employee, according to which the surrender value of a purely employer-financed vested direct insurance policy cannot […]
– How compulsory contributions and publicity of data are used for self-promotion -. Obligation to disclose the list of members The Federal Court of Justice (BGH) ordered the Pensions-Sicherungs-Verein auf Gegenseitigkeit (PSVaG) to disclose the list of its approximately 92,500 members (judgment of 23 April 2013, Case No. II ZR 161/11). Sufficient for […]
Publisher: *by Dr. Johannes Fiala, Attorney at Law (Munich), MBA Financial Services (Univ.), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), Banker (www.fiala.de), ehem. Member of the examination board of the Munich Chamber of Industry and Commerce for the expert examination of financial advisors for financial services and financial services specialists, lecturer for civil law and […]
Total loss in the case of partial retirement, working time accounts and pension commitments How directors, other officers, or self-employed agents completely lose their retirement benefits due to ineffective trust models. The business model of renowned corporate consultants for occupational pension schemes (bAV) includes the provision of the reinsurance assets by means of a […]
