Life insurance is the only savings contract that starts with a minus . . . * by Dr. Johannes Fiala, lawyer (Munich), mediator (Univ.) MBA Financial Services (Univ. Wales), MM (Univ.), certified financial and investment advisor (A.F.A.), lecturer in civil law and insurance law (Univ. of Cooperatice Education), banker (www.fiala.de). A recent ruling by the […]
over 100 billion potential for employer liability through deferred compensation. Employers are often allowed to “pay twice” for company pension schemes !* *by Dr. Johannes Fiala, Lawyer (Munich), Mediator (Univ.), MBA Financial Services (Univ.Wales), MM (Univ.), Certified Financial and Investment Advisor (A.F.A.), Lecturer in Civil Law and Insurance Law (Univ. of Cooperative Education), Banker (www.fiala.de), […]
Recent rulings on liability in occupational pension schemes1) raise the question of how intermediaries and employers can protect themselves against claims. Important questions and answers. 1. is an employer entitled vis-à-vis his employee to prevent the continuation of the occupational pension scheme? To be examined, (a) whether the employer’s potential liability is increased, if necessary, […]
Johannes Fiala Press Release No. 2/2005 *by Peter Schramm, expert and Johannes Fiala, lawyer Two decisions from 2005 will massively change the contracts of life insurers and the settlement practice in the future in favour of consumers: These are the BGH rulings of 12.10.2005 (Ref. IV ZR 162/03, 177/03, 245/03) and the Constitutional Court with […]
A new ruling by the Munich Regional Labor Court is forcing many employers to compensate employees for losses incurred when their company pension plans are terminated. If you only speculate on the blinds, i.e. the basic stakes, when playing poker, you can lose everything. This may soon be the case for many employers. In future, […]
In a recent ruling, the Munich Regional Labor Court prohibited the zillmerization of contracts for deferred compensation. Now a dangerous incendiary is smoldering. In mid-March, the Munich Regional Labour Court ruled that the offsetting of acquisition costs in the first few years of deferred compensation in occupational pension schemes (bAV) is not permissible. This not […]
The Munich attorney Dr. Johannes Fiala, banker as well as examined financial and investment advisor (A.F.A.), takes position to the judgement of the regional labor court Munich, fought for by its Kanzlei. The new ruling of the Munich Regional Labour Court on deferred compensation does not really contain anything new in terms of content: it […]
Information irrelevant Contracts for occupational pension schemes are a recurring concern of the courts. In 2005, for example, the Stuttgart Labour Court awarded compensation to a personnel manager who had not been precisely informed by his boss about the contractual agreements (Az 19 Ca 3153/04). The current ruling now goes one step further. This was […]
(06.06.2007) von Richard Lamers Das kann teuer werden. Für den Arbeitgeber. Ein aktuelles Urteil des Münchener Landesarbeitsgerichts stärkt allen Arbeitnehmern den Rücken, die über eine Gehaltsumwandlung ihre Rente aufbessern wollen. übersicht: 1. Gib mir mein Geld zurück! 2. Deutsche Chefs in der Pflicht 3. Jenseits von Versicherungen Eine Autoverkäuferin aus Rosenheim hatte 35 Monate jeweils […]
Last Updated Saturday, August 18, 2007 Why fee-based consulting in BAV? In the company pension scheme, including e.g. the working time account (ZWK), the employer has numerous possibilities of liability. These include, for example, the “Zillmerungshaftung”, the “Ausfallhaftung” and the obligation to protect the gross salary saved together with the employer’s social security contribution against […]
