Petition proves: Pension commitment is not insolvency-proof but seizable: Where the ?hare in the pepper? lies shows the report of the Petitionsausschuss of the German Bundestag. In the printed matter 15/5570 of 01.06.2005 it is called ?a Petent turns against the unrestricted seizability ? He stated that in the course of insolvency proceedings in 2002 […]
Millions of employees have a company pension plan. Every year, more than 330 billion euros flow into the health care system as so-called cover funds. As the Stuttgart Labor Court (Gz. 19 Ca 3152/04) has now determined, employers are liable for gaps in pension provision. The case: The employment contract with personnel manager P. […]
*by Johannes Fiala, Lawyer(Munich), M.B.A. (Univ.Wales), M.M.(Univ.), Certified Financial and Investment Advisor (A.F.A.), EC Expert(C.I.F.E.),Banker (www.fiala.de) Company pension schemes: Life insurance policies are often used in company pension schemes. One way of implementing this is through salary conversion for contribution to a direct insurance policy. The issue in this case was whether the employee could […]
*by Johannes Fiala, Lawyer (Munich), M.B.A. (Univ.Wales), M.M. (Univ.), Certified Financial and Investment Advisor (A.F.A.), EC Expert (C.I.F.E.), Banker (www.fiala.de) The financial manager Erhard Straub refers to his very good experience with DCM Deutsche betriebliche Altersvorsorge AG: In his opinion, the intermediary should also point out in the cooperation with StB, RA and WP that […]
by lawyer, banker Rüdiger Wilhem Lohkamp and lawyer, banker Johannes Fiala ? Law firm Fiala, Freiesleben & Weber ? RA, PA, StB & WP (Munich), www.fiala.de Plausibility check: mediator’s duty also at the customer’s front: The Federal Supreme Court clarified among other things in its judgement of 13.01.2000, NJW-RR 1993, 1114 that a mediator ?regardless […]
Johannes Fiala, lawyer (Munich), Andreas Michael Bosl, management consultant bAV (Pöcking). 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 – if, for example, the employer goes bankrupt. This 1, is however simply wrong, as […]
by Johannes Fiala, Lawyer (Munich), M.B.A. (Univ.Wales), M.M. (Univ.), Certified Financial and Investment Advisor (A.F.A.), EC Expert (C.I.F.E.), Banker (www.fiala.de) Alleged insolvency protection: At sales training courses it is often claimed that occupational pension schemes are protected against insolvency. To this money ? In the event of the employer going bankrupt, for example, even an […]
by Johannes Fiala, Lawyer (Munich), M.B.A. (Univ.Wales), M.M. (Univ.), Certified Financial and Investment Advisor (A.F.A.),Banker (www.fiala.de ) The Federal Minister of Finance (BMF) has given the occupational pension sales force a good opportunity to talk to management: the main issue here is the existential risks associated with pension commitments that are structured in a tax-damaging […]
by Johannes Fiala, Lawyer (Munich), M.B.A. (Univ.Wales), M.M. (Univ.), Certified Financial and Investment Advisor (A.F.A.), EC Expert (C.I.F.E.), Banker (www.fiala.de ) The U-cash in the insolvency of the company: For decades, the entrepreneur was told what some insurers still say today in their sales documents: “Your company pension scheme is protected against insolvency by a […]
by Johannes Fiala, Lawyer (Munich), M.B.A. (Univ.Wales), M.M. (Univ.), Certified Financial and Investment Advisor (A.F.A.), EC Expert (C.I.F.E.), Banker (www.fiala.de ) Vesting: Employers have always tried to retain their employees by offering a company pension scheme. One of the instruments is the employer-financed social benefit, the additional conclusion of a direct insurance. Vesting only occurs […]
