Employer liability in the context of occupational pension schemes Employers and their associations are not yet sufficiently aware that they are on the front line of responsibility and liability. Some insurers play this down in order not to jeopardise the brokerage of their products. Many companies complain about existential legacy issues. Now for an example […]
Employers have double wage costs due to company pension scheme?! The case: Employee loses around 90% of his company pension Anna M. (name changed) had asked her employer to invest part of her salary in a company pension scheme on her behalf (deferred compensation). After 6,230 euros had been transferred to a “company pension […]
By Nicholas Bora Published on: 25 June 2007 The Munich ruling is causing a stir: consumer protectionists are calling it a “breakthrough”, employers want legal certainty and, above all, no liability, insurers are cautious in their comments – and the aba wants to prevent occupational pension schemes from falling into disrepute. One thing is certain: […]
Since 2002, many employees have made use of the possibility of a company pension scheme by means of deferred compensation. What the lawmakers who initiated it ignored, however, is the cost. They are now becoming a dispute and are coming to the employers. What is to be done? Since 2002, employees have often made use […]
The case: Employee loses approx. 90% of his company pension scheme: Anna M. (name changed) had asked her employer to invest part of her salary in a company pension scheme for her (deferred compensation). After € 6,230 had been transferred by the employer to a “company pension scheme” over three years, the employment relationship ended. […]
I briefly presented the current ruling of the Munich Regional Labor Court on losses on company pensions (4 Sa 1152/06, appeal admitted) here last week. If it were to be upheld on appeal, I think the financial consequences would be almost impossible to foresee. Today writes in addition in a guest contribution attorney Dr. Johannes […]
31.05.2007 A ruling by the Munich Regional Labor Court has shocked the industry. Do we have to say goodbye to zillmerisation in occupational pension schemes for good? In Cemetery I of the Jerusalems- und Neue Kirchengemeinde in Berlin Kreuzberg there is a memorial stone in the form of a gravestone, on which is written: “In […]
Those who hope that the violation of consultation and documentation obligations as of 22 May 2007 can only result in a fine are mistaken. At best, this applies to breaches of information obligations. However, when it comes to consultation and documentation obligations, the withdrawal of a licence can in fact be threatened. From 22 May […]
*by Johannes Fiala, lawyer (Munich), MBA Financial Services (Univ.Wales), MM (Univ.), certified financial and investment advisor (A.F.A.), EC expert (C.I.F.E.), lecturer (Univ. of Cooperative Education), banker (www.fiala.de) and graduate mathematician Peter A. Schramm, actuary DAV (Diethardt), actuarial expert (www.pkv-gutachter.de). “The less people know how sausages and laws are made, the better they sleep.? (Otto Eduard […]
von Johannes Fiala is a lawyer (Munich), MBA Financial Services (Univ.Wales), MM (Univ.), certified financial and investment advisor (A.F.A.) and banker. Contact and more information at [2] www.fiala.de. Dipl.-Math. Peter A. Schramm is actuary DAV (Diethardt) and actuarial expert. Contact and further information at www.pkv-gutachter.de Employers and their associations are not yet sufficiently aware that […]
