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 […]

Every retirement plan on one leg is dangerous

Are state parliamentarians threatened with poverty in old age? Trade union pension experts complained in 2018 that members of a state parliament received 3.675% p.a. of their diets as a pension under the pension law in force until 2007, with a calculated income of EUR 8,220 after five years, i.e. EUR 1,510 as a pension. […]

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. […]

Why private basic pensions often lead to losses for policyholders

A marketing expert remarked: “The best marketing agency is in Berlin – that is, the government”. First came the Riester pension with subsidised allowances, then the increasingly tax-deductible basic pension – also known as the Rürup pension. One financial services provider said: “The shift from state to private retirement provision is a growth market for […]

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 […]

How trust in the occupational pension scheme can be destroyed

Falsification and concealment of balance sheets are punishable under § 331 No. of the German Commercial Code (HGB). Famous examples of such manipulations would be the Olympus and Enron companies, or more recently P&R. The “Heubeck mortality tables RT 2018 G” (dated 20.07.2018) were allegedly erroneously prepared and later withdrawn – this was the responsibility […]

Rüruprente: The chimera of unseizability

In a legal doctoral thesis it is claimed that without a surrender value in a life insurance policy – as allegedly given in basic pension contracts – any amount of money can be protected as assets, protected from creditors and insolvency administrators. However, caution is advised here. In a new textbook, originally a doctoral thesis […]

Are you really well advised?

When it comes to a >g id=”gid_0″>successful retirement provision, insurance agents or brokers are usually the first people to contact. In some cases a complete reversal of the contract is possible.   The OLG Saarbrücken (judgement of 26.02.2014, file no. 5 U 64/13) decided that the insurance broker has to point out the differences between […]