Revocation is possible for life insurance policies (LV) for an eternal period. In the main, this may affect around 40% of life and pension insurance policies from the years 1995-2007 alone. This is based on rulings by the European Court of Justice (ECJ, ruling of 19 December 2013, Case C-209/12) and the Federal Court of […]
Artikel zum Thema: Interest
Rürup pension causes increasing insolvencies in old age
– Why basic pensions are not protected against insolvency – The Rürup pension is a typical tax-saving model. The seller’s trick is often to highlight the tax advantages at the beginning of the contract or in the savings phase, but to completely ignore the later risks of loss and tax burdens in the payout […]
Optimising the statutory survivor’s pension
Survivors rub their eyes when the survivors’ pension of the German Pension Insurance (DRV) is reduced to zero after three months. This regulation – which was last tightened in 2002 – affects marriages entered into after 2002 or those where both spouses were born after 1962. Then 40% of the additional net income is offset, […]
Deposit insurance and guarantees at banks, government bonds and insurance companies worthless?
All guarantees, in whose security one lulls oneself, have no absolute value. After all, the decisive factors are the conditions and the legal framework for this, political legal certainty and the economic default risk of the guarantor. Guarantee certificates Looking for “total return investments” where you end up getting 100% of your investment back […]
Cinderella shows the way
There is economic leeway in the redemption of company pension entitlements In occupational pension schemes (bAV), most dependent employees are in the position of a lender, because the employer has regularly set aside at best a fraction of the necessary funds for a specific purpose. Usually, the employer does not get away from the promise […]
Documentation obligation as an opportunity for insurance intermediaries
– Why pension products are good to sell even with zero returns – Numerous rulings of the higher courts prove that the insurance intermediary himself has to prove that he has given correct advice when brokering an insurance product if his customer specifically claims that he has given incorrect advice and the documentation does not […]
The capital-weak Cinderella GmbH for the exemption of company pension claims
– How employees can lose their company pension completely from one day to the next – In occupational pension schemes (bAV), most employees are in the position of a lender, because the employer regularly has at best a fraction of the necessary funds set aside for a specific purpose. Usually, the employer does not […]
Unchecked and often wrong
Contribution notices of the statutory health insurance for supplementary benefits: What you have to pay attention to in order to keep the overview The current ruling of the Social Court of Dortmund of 22.01.2014 (Ref. S 39 KR 1585/13) led to the reimbursement of all additional contributions to the GKV levied by way of […]
Guarantees and safeguards: Worthless in the end?
Why do guarantees and security systems have to prove worthless in the end? All guarantees, in whose security one lulls oneself, have no absolute value. After all, the decisive factors are the conditions and the legal framework for this, political legal certainty and the economic default risk of the guarantor. Guarantee certificates Looking […]
In focus: Liability traps for lawyers and tax advisors in connection with advice on occupational pension schemes
Insolvency risks – Authority to provide legal services – Insurance cover Occupational pensions are an important component of retirement provision. They obtain their complex position in the German legal system through the interdisciplinary interaction of the most diverse fields of law, which can easily become a liability trap for legal and tax advisors; the numerous […]