In a ruling of 15 March 2007 (reference number 4 Sa 1152/06), the Munich Regional Labour Court ordered an employer to reimburse a former employee for the difference between the “premium sum of converted wage contributions” and the “surrender value” at the end of the employment relationship. After about 3.5 years of deferred compensation through […]
Numerous rulings indicate how easily tax advisors can be held liable in connection with advice on occupational pension schemes (bAV). One of the key issues in advising business managers is the insolvency-proof nature of the provision – it is precisely on this point that insurance sales spread numerous legal inaccuracies. Therefore, typical liability traps and […]
Time value accounts and the models of partial retirement are paid by the Financial sales increasingly advertised. The financial intermediaries it’s mostly about commissions: The fewest intermediaries know about the civil and criminal law Liability risks for fiscal Consultants and the management the employer. In order to create an implementation channel for the company pension […]
By Dr. Johannes Fiala and Thomas Keppel Reader A. S. asks: In the July 2007 issue of BC, I read with great interest the article on occupational pension provision and the employer’s obligation to offset losses in the case of deferred compensation. Subsequently, I invited our insurance agent for a discussion. He informed me, among […]
Reader A. S. asks: In the BC July 2007 issue, I read with great interest the article on occupational pensions and the employer’s obligation to offset losses in the case of deferred compensation. Following this, I invited our insurance agent to come in for a chat. He informed me inter alia: In the example case […]
Freedoms outside the regulation of insurance mediation No insurance mediation without mediation of an insurance contract The implementation of the Insurance Mediation Directive has created professional regulations for the profession of insurance intermediary (agent or broker) and insurance advisor. New is the overlapping of the permission for insurance consultation by insurance brokers in § […]
A judgement with nasty consequences for many entrepreneurs: They have to answer for the coverage gaps if the contracts of their employees for the company pension scheme are void. Company bosses should ensure legal certainty as soon as possible. It all started quite unspectacularly – with a change of job, as happens for most employees […]
– Supervision-free alternatives to private health insurance – I. Distinction from insurance business subject to prudential supervision A widespread – and erroneous – view is that anything that somehow falls within the scope of insurers’ activities must be insurance subject to licensing. Even very obvious examples show that this obviously cannot be the case. For […]
A position as initiator, managing director or shareholder is not required *by Dr. Johannes Fiala, lawyer (Munich), mediator (Univ.), MBA Financial Services (Univ. Wales), MM (Univ.), certified financial and investment advisor (A.F.A.), lecturer for civil and insurance law (BA Heidenheim, Univ. of Cooperative Education), banker (www.fiala.de) and Dipl.- Math.Math. Peter A. Schramm, expert for actuarial […]
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 […]
