In the future, not even the contributions of the direct insurance are guaranteed at the beginning of the pension.

– When the employer alone is liable for the equal value of deferred compensation? –   2022 the value equality of the direct insurance (DV) ends In future, it will be very questionable whether, at the end of the savings period – the deferral period, in the case of deferred compensation in the company pension […]

Pension funds are not allowed to withhold health insurance contributions on private pension part

– This leads to further legal disputes about the “correct” determination of contributions –   The Federal Constitutional Court (BVerfG, decisions of 27.06.2018, ref. 1 BvR 100/15, 1 BvR 249/15) decided that benefits from a pension fund (PK) – which are based on contributions made privately by the employee – are not subject to any […]

Company pension scheme Managing Director

Company pension scheme Managing director and shareholder-managing director

Loss of company pension scheme for managing directors in the event of insolvency The company pension scheme has increasingly become the focus of public interest in recent years due to changes and adjustments in pension policy. Politicians are increasingly shifting the issue of pensions into the personal responsibility of employees and employers, which means that […]

How direct insurance policies can be seized by creditors and insolvency administrators

The Federal Court of Justice (BGH, ruling of 24.06.2015, file no. IV ZR 411/13) has already decided that the direct insurance policy of a shareholder-managing director can be seized despite an irrevocable subscription right with reservation of revocation until the so-called vesting with the GmbH, even in the event of his termination due to insolvency. […]

Additional financing of company pension schemes (bAV) subject to wage tax

When do employees face a double insolvency risk with occupational pension schemes and additional tax burdens? The subject of the BMF letter of 6 December 2017 (IV C 5 – S 2333/17/10002; DOK 2017/0989084) is, among other things, also the future treatment of incorrectly structured company pension scheme (bAV): Accordingly, special payments by the employer […]

Subscription right in direct insurance

On the liability of insurance companies, agents and insurance brokers for incorrect design on the part of the legislator Insurance brokers have always had a particularly heavy responsibility towards their customers. In the German Insurance Contract Act (VVG), the legislator has expressly defined the liability of the insurance intermediary in §§ 59 ff. VVG.   […]