Equality “unisex tariffs From 21 December this year, men and women will also be equal when it comes to insurance. This is what the European Court of Justice has ruled. From this point onwards, all different premium calculations according to gender will become obsolete. With the new “unisex tariffs”, premiums and benefits will be the same […]
Uncertainty in occupational pension provision: The ban on “hard zillmerisation” may also apply to occupational pension contracts The IV. Civil Senate of the Federal Court of Justice deals with inheritance and insurance contract law. On 25 July 2012, this senate, chaired by Barbara Mayen, made a decision that could have far-reaching consequences: In the ruling […]
According to the ruling, employers are liable if an occupational pension provider – such as a pension fund – reduces its benefits in accordance with its statutes. As a result of the continuing low level of interest rates, virtually every employer with occupational pension commitments will soon have to reckon with this. What specific risks […]
Billion-dollar liability for employers, intermediaries and providers – employers successfully sued over company pension scheme. A few days before the oral proceedings (Case No. 3 AZR 376/07) before the Federal Labour Court (Bundesarbeitsgericht – BAG), the employer sued apparently recognised the hopelessness of its appeal. The decision of the Munich Regional Labor Court (LAG) of […]
Why they are at risk from low interest rates and who is liable for them A new ruling by the Federal Labour Court (Bundesarbeitsgericht – BAG) confirms that employers are liable if a company pension scheme (bAV) sponsor reduces its benefits in accordance with its statutes. As a result of the continuing low level of […]
– BGH ruling: Liability of management consultants in occupational pension schemes – – OLG Munich judgment: Financial firms liable for kick-backs to tax advisors – Remuneration issue: fee at the front – commission at the back A current letter from the Federal Ministry of Justice points out to the state judicial administrations that a license […]
– New billion-dollar liability for employers and intermediaries –. Support fund risk: Rulings prove total loss risk Courts have repeatedly ruled that the assets of provident funds (UK), together with any reinsurance policies they may have taken out, are part of their insolvency estate: a lawsuit brought by employees and managing directors has repeatedly […]
Company pension scheme: New billion-dollar liability of the insurance industry “My friends wanted to be firemen, farmers, policemen, or something like that. Not me, I just wanted to steal other people’s money.” (Warren Oates as John Dillinger in Dillinger, USA 1973) Marketing concepts often form the basis of employer consulting by insurance companies. […]
It has already been decided in rulings by the Düsseldorf Higher Regional Court of 2 July 2008 (reference 7 O 212/06) and 11 December 2007 (reference I-4 U 205/06) that managing directors and other employees have no claim against the insolvency administrator of the provident fund for surrender of the life insurance policy taken out […]
Marketing concepts often form the basis of employer consulting by insurance companies. Not infrequently these lead with the implementation first with the employer and then with the insurer as designer straight to the liability for damages. Up to 99% of all insurance solutions in occupational pension schemes are apparently designed to be tax-damaging for […]
