The Federal Minister of Finance (BMF, letter dated 28.09.2017 – draft dated 04.10.2017) announced the future treatment of incorrectly structured occupational pension schemes (bAV): According to this, special payments by the employer in the event of calculation errors by the provider are liable to pay income tax for employees. Employers and employees are thus doubly […]
On Sunday, 05.10.2008, the Chancellor said “We tell savers that their deposits are safe. The federal government is also responsible for this.” – For lack of a legal basis, this is not a declaration of guarantee but, correctly understood, a political declaration of intent. On Sunday, 24.04.2016, a Labour Minister will be quoted as saying […]
When the insolvency administrator gets some Riester assets – The Federal Court of Justice (BGH, ruling of 16 November 2017, file no. IX ZR 21/17) decided that § 851 I of the Code of Civil Procedure (ZPO) in conjunction with § 97 I of the Income Tax Act (EStG) order the non-transferability of the Riester […]
The amount of the levies due when a “Riester pension” is paid seems unclear. Why the capital is not secure with this form of pension. In October 2008 the Chancellor said “We tell savers that their deposits are safe. The federal government also vouches for that.” – Which, for lack of a legal basis, is […]
If the Federal Council does not yet apply the emergency brake, the Occupational Pensions Reinforcement Act will enter into force on 1 January 2018. In this context, the Riester pension will also be upgraded. During the savings phase, the basic allowance increases from 154 to 175 euros per year. For company Riester pensions, the SV […]
How the new law on the strengthening of company pensions is driving out the desire of employees for popular harmful guarantees. On 1 June 2017, the German Bundestag passed the new Company Pension Strengthening Act (BRStärkungsG) (ep reported). The official aim is to promote the spread of occupational pension schemes (bAV) in small businesses […]
Why the mediation of the basic pension almost certainly leads to the liability of the intermediary. The Rürup pension was sold millions of times as a tax-saving model. As a matter of course, savings by paying insurance premiums in the savings phase are then precalculated by the agent or broker. However, if documentation has […]
The Higher Regional Court of Cologne (OLG Köln, judgement of 02.09.2016, file no. 20 U 201/15) forbade a life insurer to charge Riester customers double acquisition costs – once costs with a maximum rate of 2.5 percent (previously 4.0 percent) of the premium volume spread over five years, and in addition further costs over the […]
– only precaution on social assistance level may be protected from creditors – The sales market of the securitization of the Rürup capital For many years, insurance associations, insurers and the insurance sales force have been praising the Rüruprente in advertising brochures as a seizure-protected old age provision. Now, according to a new letter […]
Both the Federal Ministry of Labour and Social Affairs (BAMS) and the Federal Ministry of Finance (BMF) are currently interested in improving occupational pension schemes (bAV). On the one hand, there is the concept of a “new” implementation route via the collective bargaining parties as the sponsors of the occupational pension (“Nahles pension”). On the […]
