over 100 billion potential for employer liability through deferred compensation. Employers are often allowed to “pay twice” for company pension schemes !* *by Dr. Johannes Fiala, Lawyer (Munich), Mediator (Univ.), MBA Financial Services (Univ.Wales), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), Lecturer in Civil Law and Insurance Law (Univ. of Cooperative Education), Banker (www.fiala.de), […]
A new ruling by the Munich Regional Labor Court is forcing many employers to compensate employees for losses incurred when their company pension plans are terminated. If you only speculate on the blinds, i.e. the basic stakes, when playing poker, you can lose everything. This may soon be the case for many employers. In future, […]
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: […]
Neues Urteil des Landesarbeitsgericht München: Arbeitgeber haftet für Zillmerung. über 100 Milliarden Potential für Arbeitgeberhaftung durch Entgeltumwandlung. Arbeitgeber dürfen bei betrieblicher Altersversorgung oft „doppelt zahlen“!* *von Dr. Johannes Fiala, Rechtsanwalt (München), Mediator (Univ.), MBA Finanzdienstleistungen (Univ.Wales), MM (Univ.), geprüfter Finanz- und Anlageberater (A.F.A.), Lehrbeauftragter für Bürgerliches Recht und Versicherungsrecht (Univ. of Cooperative Education), Bankkaufmann (www.fiala.de), […]
Liability potential in the billions for employers, as they are often allowed to “pay twice” for occupational pensions!* *by Dr. Johannes Fiala, Lawyer (Munich), Mediator (Univ.), MBA Financial Services (Univ.Wales), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), Lecturer in Civil Law and Insurance Law (Univ. of Cooperative Education), Banker (www.fiala.de), Dipl.-Math. Peter A. Schramm, […]
(focus.de (17.04.2007)
The Regional Labor Court (Landesarbeitsgericht – LAG) Munich has ruled that the offsetting of the acquisition costs in the first years – in particular through Zillmerisation – in of the company pension scheme (bAV) with deferred compensation is inadmissible. In the grounds for its judgment the LAG Munich has stated, that now also such Agreements […]
A recent ruling by the Munich Regional Labour Court confirms that the offsetting of acquisition costs in the first few years in occupational pension schemes with deferred compensation is not permissible. Corresponding agreements are null and void – even if the employee was previously expressly informed about the offsetting of acquisition costs. In its reasons, […]
24.04.2007 A recent ruling by the Regional Labor Court (Landesarbeitsgericht – LAG) in Munich confirms that the offsetting of acquisition costs in the first few years – in particular by means of zillmerization – is not permissible in occupational pension schemes with deferred compensation. Such agreements are null and void – even if the employee […]
VM No. 12/06 took a close look at what is happening in 2007 in the market for occupational pensions in general and with individual insurers in particular. The continuation will look at the case law in this area and say where there are still weaknesses and where the opportunities lie. Employers face a lawsuit for […]
