Zillmerization Archives - Rechtsanwaltskanzlei München

Published on: 9. January 20203. December 2020

Employers are often liable to employees for company pension schemes

– What information, education and advisory duties are imposed on employers? – The Regional Labour Court (Landesarbeitsgericht – LAG Hamm, judgement of 06.12.2017, file no. 4 Sa 852/17) decided that the employer (AG) is liable for damages if the advice on deferred compensation in company pension schemes (bAV) was incorrect. This was the case even […]

Published on: 17. February 20177. December 2020

OLG Cologne: Double acquisition costs in life insurance not permissible

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 […]

Published on: 23. August 20167. December 2020

Occupational pension provision: The imperative of equal value – void occupational pension provision?

bAV-Handelsblatt Forum: Invalidity of deferred compensation Dr.Reinecke, chairman of the pension senate at the Federal Labour Court (BAG), has dropped the bomb. Its core statement is that contracts for the implementation of occupational pension schemes can be (partially) null and void. Insurance intermediaries are surprised – have they been brokering ineffective contracts for years? The […]

Published on: 29. June 2016

Financial timetable from 50 – A review by Johannes Fiala

This is the title of a new book by finance and insurance expert Detlef Pohl. It is written for the 40+ and 50+ generations, and seeks an answer to the question What else can I do to live financially carefree in old age? As an introduction, the presentation of the statutory pension, as well as […]

Published on: 21. April 20167. December 2020

Asset management in private wealth management

The FLV-jacket as a highly interesting tool for asset structuring and optimization from a tax and inheritance planning perspective The advisor of private wealth clients should know the advantages of investing abroad. Of central importance are discretion, creative flexibility, as well as banking and insurance secrecy. Buzzwords: Income taxes Inheritance Taxes Withholding taxes individual […]

Published on: 12. April 20167. December 2020

Company pension scheme: U-Kassen without insolvency protection, up to 25 billion euros employer liability

The “Adkura Cash” case: Once upon a time there was a U-Kasse in Ratingen, today you can only find the insolvency administrator on the Internet who handles this U-Kasse. The case went through the press, because the last official act of the owners of that U-Kasse was to transfer the U-Kasse assets to the Cayman […]

Published on: 21. March 20167. December 2020

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 […]

Published on: 16. March 20167. December 2020

New BGH ruling on the obligation of life insurers to provide information on surplus calculation

– When a right to information does not exist, and no right to accounting – If a policyholder assumes that he/she is entitled to a higher valuation reserve on expiry of a capital-forming life insurance policy than that paid out by the insurer, he/she may have a claim for information against the insurer. The Federal […]

Published on: 9. March 20167. December 2020

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 […]

Published on: 17. February 2016

Hanseatisches Oberverwaltungsgericht: Reinsured relief fund is not insolvency-proof either

– Why reinsured relief funds lead to employer liability – The Hamburg-based OVG provides in its Urt. v. 14.1.2010 (Az. 4 Bf 22/08), it is clear that even with reinsured support funds (UK) there is a higher risk of insolvency for employees compared to pension funds and direct insurance. This is because the reinsurance […]

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Skype:	Dr. Johannes Fiala PhD
Fax:	+49 (0)89 – 17 90 90 – 70
E-Mail:	info(at)fiala.de

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