Sales traps with U-cash registers

The collapse of the Adkura support fund shows how vulnerable occupational pensions remain today. There are large gaps in the safety net, which ultimately have to be covered by employers – who, in case of doubt, take the blame for the sales force. Once upon a time there was a U-Kasse in Ratingen, today you […]

Eine wichtige Information für Arbeitnehmer mit betrieblicher Altersversorgung und für Betriebsräte

Date: 27 April 2007 at 8:48 am Category: Other interesting contributions Author: Albrecht Müller A recent ruling by the Munich Regional Labour Court confirms that the offsetting of acquisition costs in the first few years – in particular by means of “Zillmerung” – is impermissible in occupational pension schemes with deferred compensation. (Zillmerisation means that […]

Die Notwendigkeit der Patientenverfügung

Discussion with lawyer Dr. Johannes Fiala There is a peculiar dilemma in Western countries at the moment: On the one hand, we do not let people die by taking life-prolonging measures through machines or feeding tubes. This prevents the soul from leaving the body. In doing so, we are not prolonging life, we are prolonging […]

Company pension scheme: Successful Reversal with the Support Fund – Obligation to Provide Information on Total Loss Risk with Regard to U-Fund Insolvency Scenario

“The right has the curious property that you can keep it without having it.” (Joseph Unger) Particularly in the case of deferred compensation, it is advisable to choose a reinsured provident fund (U-fund) as the carrier in the company pension scheme (bAV). However, experts agree that this involves additional acquisition and administrative costs that are […]

bAV: Liability traps with the time value account – Traps for the financial sales force

*by Johannes Fiala (Munich), attorney (www.fiala.de), and Peter A. Schramm (Diethardt), actuarial expert (www.pkv-gutachter.de) No company pension scheme This is not a way of implementing a company pension scheme. Rather, it is a matter of a “gross saving” by the employee, whereby an “incident” can occur at any time, which then triggers a payment as […]

The company pension scheme

by Johannes Fiala, lawyer Once upon a time, that’s how most fairy tales begin. A long time ago, in 1984, the then CDU Federal Minister of Labour and Social Affairs, Dr. Norbert Blüm, announced that “our pensions are secure”. The pension funds are empty. The retirement age is currently set at 67 years of age. […]

The fairy tale of the secure pension

The company pension scheme, curse, blessing or bonanza ? dmz – Deutsche Molkerei Zeitung (Issue 11 / June 2006, p.40-42) by Johannes Fiala, lawyer Once upon a time, that’s how most fairy tales begin. A long time ago, in 1984, the then CDU Federal Minister of Labour and Social Affairs, Dr. Norbert Blüm, announced that […]

Liability trap time value account

DSWR (Issue 4, 2006, pp. 98-100) *by Johannes Fiala, lawyer (Munich), M.B.A. (Univ.Wales), M.M. (Univ.), certified financial and investment advisor (A.F.A.), EC expert (C.I.F.E.), banker (www.fiala.de) On the risks for finance , tax advisors and employers Time value accounts and the models of partial retirement are increasingly advertised by financial sales. The financial intermediaries are […]

Financial services: Attorney disbarment

*by Johannes Fiala, Lawyer (Munich), MBA Financial Services (Univ.Wales), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), EC Expert (C.I.F.E.), Lecturer (Univ. of Cooperative Education), Banker (www.fiala.de) Lawyers who work in sales do not get a licence: The Federal Court of Justice has (judgement of 15.05.2006, Az. Anw(Z) 41/05) currently confirms that lawyers are not […]