Revocation is often also possible in the case of occupational pension schemes (bAV). It leads to immediate payment claims for employers, but also sometimes for employees and their creditors. This is bitter for the insurers, but the beneficiaries also often go away empty-handed. Since a right of revocation still exists in large numbers today, […]
Revocation is possible for life insurance policies (LV) for an eternal period. In the main, this may affect around 40% of life and pension insurance policies from the years 1995-2007 alone. This is based on rulings by the European Court of Justice (ECJ, ruling of 19 December 2013, Case C-209/12) and the Federal Court of […]
Survivors rub their eyes when the survivors’ pension of the German Pension Insurance (DRV) is reduced to zero after three months. This regulation – which was last tightened in 2002 – affects marriages entered into after 2002 or those where both spouses were born after 1962. Then 40% of the additional net income is offset, […]
The Federal Labour Court (Bundesarbeitsgericht, BAG, judgment of 30 September 2014, Case No. 3 AZR 930/12) ruled that the general terms and conditions contained in a pension commitment, according to which the granting of a widow’s pension requires that the beneficiary “has predominantly provided for the maintenance of the family”, were in breach of the […]
– 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 […]
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 […]
There are increased liability risks for employers in around 87% of pension funds One way of implementing the company pension scheme is the Pensionskasse (PF). Because they are monitored by the Federal Financial Supervisory Authority (BaFin), employers in this case are spared having to contribute to the Pension Protection Association (PSVaG). If the employer becomes […]
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 […]
Around 90 pension funds, also known as pension chambers, are public corporations that collect funds from their “compulsory members” to build up a funded pension scheme. Past and foreseeable pension cuts challenge the system. The Higher Administrative Court of Lüneburg ruled that no compulsory member may stop paying contributions “because of an allegedly erroneous investment […]
Risks for doctors, notaries, tax consultants, lawyers, dentists, architects and auditors Around 90 pension funds, also known as pension chambers, are public corporations that collect funds from their “compulsory members” for the au au of a funded pension scheme. Past and foreseeable pension cuts challenge the system. No exit by refusal to pay The Higher […]
