VM No. 12/06 took a close look at what is happening in 2007 in the market for occupational pensions in general and with individual insurers in particular. The continuation will look at the case law in this area and say where there are still weaknesses and where the opportunities lie. Employers face a lawsuit for […]
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 […]
24.04.2007 Ein aktuelles Urteil des Landesarbeitsgerichts (LAG) München bestätigt, dass die Verrechnung der Abschlusskosten in den ersten Jahren – insbesondere durch Zillmerung – in der betrieblichen Altersversorgung mit Entgeltumwandlung unzulässig ist. Entsprechende Vereinbarungen sind nichtig – selbst wenn der Arbeitnehmer vorher über die Abschlusskostenverrechung ausdrücklich aufgeklärt wurde. In seinen Gründen geht das LAG darüber hinaus […]
“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 […]
Unconstitutionality of the offsetting of acquisition costs: The Federal Constitutional Court (BVerfG) determined in its decision of 15 February 2006 (Ref. 1 BvR 1317/96, NJW 2006 p. 1783 et seq.) on the calculation of the surrender value of a capital-forming life insurance policy in the event of premature termination that the offsetting of acquisition costs […]
The success of life insurance is due not least to the fact that it provides the intermediary with an interesting source of income through substantial ? often one-off ? commissions payable as soon as the contract is concluded. commissions, which can often be paid once on conclusion of the contract. However, the so-called ?Zillmerung? also […]
Insurance magazine (12 / 2006)
*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 its decision of 26.07.2005 (Ref. 1 […]
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) The case ?XXX U-Kasse?: Once upon a time there was a U-Kasse in Ratingen, today you can only find the insolvency administrator on the Internet who is winding up this U-Kasse. The case went through […]
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