– 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 […]
Artikel zum Thema: Health Insurance
Federal Social Court restricts offer of optional tariffs by health insurance companies
– Why optional tariffs and more are nevertheless being extended by health insurance companies – The BSG judgement of 30 July 2019 (file number B 1 KR 34/18 R) has shown that the problem of the optional tariffs offered by the health insurance funds, for example for abroad, optional services in hospitals or supplementary dental […]
Sharia protects against creditors, also in inheritance law and family law claims
– Basic foreign values (ordre public) protect against access to assets – German courts also recognise Sharia law and, where applicable, apply it compulsorily if it does not contradict fundamental German legal concepts – especially the constitution. Conversely, German law is not applied abroad, even if it is fundamentally valid, if it contradicts the fundamental […]
Is compensation for damages tax-free?
Household management damage, mobbing damage and maintenance: When benefits are tax-free – something often overlooked by consultants. Anyone who is reduced in earning capacity as a result of a third-party-induced damage to health receives compensation for this, which is taxable as it replaces earned income. However, for the reduced ability to carry out unpaid […]
Federal Court of Justice: Insurance brokers do not have to look after customers on a permanent basis
– Why a broker is allowed to give advice on changing tariffs for a contingency fee – The Federal Court of Justice decided (BGH, ruling of 28.06.2018, file no. I ZR 77/17) that an insurance brokerage contract does not require that the client is to be looked after on a permanent basis according to […]
When does compensation have to be taxed?
Anyone who is reduced in earning capacity as a result of damage to his or her health through the fault of others receives compensation for this, which is taxable as it replaces earned income. On the other hand, for the reduced ability to carry out unpaid household work, he receives a tax-exempt loss of budget […]
How to increase the number of organ donations:
And what price does the donor have to pay? In Varanasi, on the banks of the holy Ganges, tourists wanted to attend a traditional cremation. To the relatives of the burning candidate who were standing around, it was said that he was already dead, and that he should now be placed on the pile […]
When are insurers no longer obliged to pay benefits or can reduce benefits?
– Liability traps and gaps in coverage in the daily sickness benefit insurance – In its ruling of July 6, 2016 (Case No. IV ZR 44/15), the Federal Court of Justice decided that regulations in the model terms and conditions (Section 4 IV MB/KT 2009) which regulated a compulsory reduction of the insured daily sickness […]
Voluntarily insured pensioners pay too high health insurance contributions
– How self-employed persons and pensioners are also transferred from pension schemes to compulsory insurance – Typically, (compulsory) members of the 89 professional pension schemes are either privately insured in old age (PKV) or voluntarily insured by the statutory health insurance system (GKV) at too high a price. However, this also frequently affects former self-employed […]
Compensation from the (professional) guardian after termination of insurance
The OLG Koblenz (judgement of 28.02.2018, file no. 4 W 79/18) decided on the liability for damages of a professional caregiver after he or she had terminated a private health insurance (PKV) together with a supplementary nursing care insurance (PV) and a short time later the benefit claim occurred. Liability in the event of […]