External division of occupational pension rights

With regard to pension equalisation, there is currently (still) the possibility of “external splitting” of company pension schemes (bAV), for example in the event of divorce, Section 17 of the German Pension Equalisation Act (VersAusglG). Affected are direct commitments (also known as pension commitments) as well as rights against a relief fund. The beneficiary spouse […]

Optimize pension equalization – even during a current marriage

Company pension scheme: Dr. Johannes Fiala and Peter Schramm explain how a higher level of provision can be achieved with less effort in a guest article for procontra-online.de. With regard to pension equalisation, there is currently (still) the possibility of “external splitting” of company pension schemes (bAV), for example in the event of divorce, Section […]

Insurance obligation in the KV? Part 2

On 15 July 2015, the Federal Financial Supervisory Authority (BaFin) issued a statement on foreign private health insurance (PKV), including considerable legal errors. Here now part 2. High risk for European health insurance intermediaries from 2016″? In addition to the legal errors already mentioned (we already reported in Part 1), there is a risk for […]

Risk Time value account

Financial product distributors are increasingly promoting working time accounts and the models of partial retirement. The financial intermediaries are mostly concerned with commissions: Few brokers are aware of the civil and criminal liability risks. A time value account is not an implementation method of the company pension scheme. Rather, it is a matter of a […]

Occupational pension provision: Zillmerisation in the case of deferred compensation inadmissible

– Judgement of the Munich Regional Labour Court is legally binding – Appeal apparently withdrawn due to lack of prospects of success – Employer and intermediary are in a billion-euro liability –   Employer collects first – and pays twice later The Regional Labor Court (Landesarbeitsgericht – LAG) Munich (ruling of March 15, 2007, file […]

Tax-privileged health support by employer without any private supplementary insurance at all

– Efficient employee retention through company sickness benefits –   According to § 10 I No.3 EStG should since 2010 all Contributions to private health and long-term care insurance are fully tax-deductible as “other pension expenses”. However, this only applies in so far as it is proportionally a so-called basic insurance (basic health insurance and […]

Tax benefits through sickness benefits

According to § 10 I No.3 EStG should since 2010 all Contributions to private health and long-term care insurance are fully tax-deductible as “other pension expenses”. However, this only applies in so far as it is proportionally a so-called basic insurance (basic health insurance and compulsory nursing care insurance). The Federal Fiscal Court (Bundesfinanzhof, BFH, […]

Foreign life, pension and health insurance: Opportunities and risks for insurance companies and insurance brokers

Foreign insurance companies, especially those from the European Economic Area (EEA) and the European Union (EU) are increasingly competing with domestic providers. For insurance intermediaries and insurance customers, this creates risks, but also opportunities. In private health insurance we see only the beginning of a development here. EEA and EU insurers must obtain a certificate […]