I briefly presented the current ruling of the Munich Regional Labor Court on losses on company pensions (4 Sa 1152/06, appeal admitted) here last week. If it were to be upheld on appeal, I think the financial consequences would be almost impossible to foresee. Today writes in addition in a guest contribution attorney Dr. Johannes […]
Since 1 January 2002, all employees subject to pension insurance have the right to deferred compensation within the framework of a company pension scheme (bAV). Practically every employer must therefore deal with this issue in his own interest and in the interest of his employees and look for ways of implementing it in the best […]
A recent ruling by the Munich Regional Labour Court confirms that the offsetting of acquisition costs in the first few years in occupational pension schemes with deferred compensation is not permissible. Corresponding agreements are null and void – even if the employee was previously expressly informed about the offsetting of acquisition costs. In its reasons, […]
31.05.2007 A ruling by the Munich Regional Labor Court has shocked the industry. Do we have to say goodbye to zillmerisation in occupational pension schemes for good? In Cemetery I of the Jerusalems- und Neue Kirchengemeinde in Berlin Kreuzberg there is a memorial stone in the form of a gravestone, on which is written: “In […]
Company pension scheme: In the case of design errors, it can come to a social case Management consultancies for a company pension scheme advertise a pension commitment check according to the following model, for example: “We would be happy to take over the professional examination of pension commitments for you. In doing so, we also […]
Company pension scheme in the event of insolvency Insolvency administrator can collect reinsurance of a pension commitment of the shareholder-managing director Alleged bankruptcy protection: At sales training courses it is often claimed that company pension schemes are protected against insolvency. Even an insolvency administrator cannot access this money – in particular the reinsurance – […]
*by Johannes Fiala, Attorney at Law (Munich), M.B.A. (Univ.Wales), M.M. (Univ.), Certified Financial and Investment Advisor (A.F.A.), Banker (www.fiala.de) At sales training courses it is often claimed that company pension schemes are protected against insolvency. Even an insolvency administrator cannot access this money of the managing partner (GGF) – in particular the reinsurance – if, […]
Company pension scheme: Liability trap due to severance clause at partial value The Federal Minister of Finance (BMF) has given the sale of company pension products a good opportunity to talk to the management: the main focus is on the existential dangers of tax-damaging pension commitments. This is an opportunity to take a closer look […]
Company pension scheme: Design errors can lead to a social case Management consultancies for a company pension scheme advertise a pension commitment check along the following lines, for example: “We would be happy to undertake the professional examination of pension commitments for you. In doing so, we additionally ensure that common deficiencies that occur in […]
The article is printed on www.stiftung-warentest.de (26.04.2007).
