Life insurance: calculation of surrender value

Life insurance: calculation of surrender value Life insurance companies owe re-bill and back pay – see also article on surrender value of life insurance policies The BGH judgements of 12.10.2005 (Ref. IV ZR 162/03, 177/03, 245/03) and the Constitutional Court with its decision of 26.07.2005 (Ref. 1 BvR 80/95) have a massive influence on the […]

Company pension scheme (bAV) through deferred compensation: 10 billion social security as liability potential for employers

Company pension scheme (bAV) through deferred compensation: 10 billion social security as liability potential for employers *by Dr. Johannes Fiala, Attorney at Law (Munich), MBA Financial Services (Univ.), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), Lecturer for Civil and Insurance Law (BA Heidenheim, Univ. of Cooperative Education), ( and Dipl.-.Math. Peter A. Schramm, expert […]

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 […]

Company pension scheme often disadvantageous: private pension beats deferred compensation

Intermediaries and employers are liable for failing to provide information to reduce social pensions – around €6 billion liability potential annually!     Advertising for deferred compensation with tax and social security savings The conversion of remuneration is made palatable to the employee by advisors or intermediaries, above all because of the tax and social […]

Life insurance from Liechtenstein

Bankruptcy privilege and insolvency protection   There are many reasons to look into life insurance from Liechtenstein. The best known are bankruptcy privilege and insurance secrecy. There are also remarkable options for the design of the succession. Last but not least, it is not the insurance company that manages the assets here, but the personal […]

Independent advice is needed

Since 2002, many employees have made use of the possibility of a company pension scheme by means of deferred compensation. What the lawmakers who initiated it ignored, however, is the cost. They are now becoming a dispute and are coming to the employers. What is to be done? Since 2002, employees have often made use […]

bAV: Liability bomb instead of insolvency protection – working time account (ZWK)

by RA, Bankkaufmann Rüdiger Wilhem Lohkamp and RA, Bankkaufmann Johannes Fiala – Kanzlei Fiala, Freiesleben & Weber – RA, PA, StB & WP (Munich), Examination of the plausibility: Mediation obligation also with the customer at the Front: The Federal Court of Justice has clarified, among other things, in its judgement of 13.01.2000, NJW-RR 1993, […]

Credit risks due to company pension schemes

Liability risks and over-indebtedness of borrowers due to lack of equal value of deferred compensation and undervaluation of other pension obligations. I. Introduction w “No future can make up for what you fail to do in the present.” (Albert Schweitzer, Protestant theologian, musician, philosopher and physician 1875-1965) This simple formula marks the beginning of the […]