News

News

Occupational pension strengthening laws: An initial overview

The draft bill for the second law to strengthen occupational pension provision (2nd Occupational Pension Act) and to amend other laws has been presented. It is to be submitted to the cabinet at the end of August and then to the parliamentary procedure. The law requires the approval of the Federal Council (Bundesrat).

Employers’ capital option rights in regards to occupational benefits

On January 17, 2023, the German Federal Labor Court (Bundesarbeitsgericht, BAG) dealt with employers’ capital option rights in two rulings when paying out company benefits. Until now, a tried and tested means of limiting risk on the employer side was the choice of a lump-sum payment. From now on, this will be significantly restricted in its application.

Free your mind: Financial Wellbeing supports employee productivity

New services from TPC and the MLP School of Financial Education TPC and the MLP School of Financial Education (MLP SoFE) offer a large portfolio of financial education training for employers, including topics such as financial literacy, behavioral economics, and corporate retirement planning for HR managers. In addition, seminars can be designed specifically to meet […]

Healthy employees: Convincing concepts

Supplementary company health insurance (bKV): Now up to €50 per month tax- and social security-free as benefit in kind Qualified employees are a competitive advantage in times of an increasing shortage of skilled workers. In order to find and retain them, the additional benefits offered by an employer are of growing importance along with salary. […]

Reforms to the status determination procedure effective as of 01.04.2022

Determinations only on employment status With the change in the law as of 01.04.2022, § 7a SGB IV has been reformed. One of the consequences of this is that the clearing office of the German statutory pension entity (hereinafter: “DRV Bund”) will only make determinations regarding employment status, i.e. whether dependent employment or self-employment exists. […]

Dealing with the Verification Act (NachwG) – Effects on occupational benefits (occupational pension benefits | occupational health insurance | working-time savings accounts)

Changes in the Verification Act as of August 1, 2022 The new version of the Verification Act has been in force since August 1, 2022. It is based on the transposition of EU Directive 2019/1152 on transparent and predictable working conditions into German law. Employers were already required to notify their employees in writing – […]

Global Legislative Developments

This document summarises recent legislative developments and trends related to employee benefits and highlights recently passed and pending legislation that may require employers to take action to comply with new rules. This document should not be seen as exhaustive and any action should be taken in conjunction with your Global Benefit Consultant.

Legislative Developments

This document summarises recent legislative developments and trends related to employee benefits and highlights recently passed and pending legislation that may require employers to take action to comply with new rules. This document should not be seen as exhaustive and any action should be taken in conjunction with your Global Benefit Consultant.

Legislative Developments

This document summarises recent legislative developments and trends related to employee benefits and highlights recently passed and pending legislation that may require employers to take action to comply with new rules. This document should not be seen as exhaustive and any action should be taken in conjunction with your Global Benefit Consultant.

Global Legislative Developments

 This document summarises recent legislative developments and trends related to employee benefits and highlights recently passed and pending legislation that may require employers to take action to comply with new rules. This document should not be seen as exhaustive and any action should be taken in conjunction with your Global Benefit Consultant.  About TPC Employee […]

Global Legislative Developments

This document summarises recent legislative developments and trends related to employee benefits and highlights recently passed and pending legislation that may require employers to take action to comply with new rules. This document should not be seen as exhaustive and any action should be taken in conjunction with your Global Benefit Consultant.  About TPC Employee […]

Global Legislative Development

This document summarises recent legislative developments and trends related to employee benefits and highlights recently passed and pending legislation that may require employers to take action to comply with new rules. This document should not be seen as exhaustive and any action should be taken in conjunction with your Global Benefit Consultant.   About TPC Employee […]

Global legislative update

This document summarises recent legislative developments and trends related to employee benefits and highlights recently passed and pending legislation that may require employers to take action to comply with new rules.

Global legislative update

This document summarises recent legislative developments and trends related to employee benefits and highlights recently passed and pending legislation that may require employers to take action to comply with new rules.

Global legislative update

This document summarises recent legislative developments and trends related to employee benefits and highlights recently passed and pending legislation that may require employers to take action to comply with new rules.

Global legislative update

This document summarises recent legislative developments and trends related to employee benefits and highlights recently passed and pending legislation that may require employers to take action to comply with new rules.

Global legislative update

This document summarises recent legislative developments and trends related to employee benefits and highlights recently passed and pending legislation that may require employers to take action to comply with new rules.

Global legislative update

This document summarises recent legislative developments and trends related to employee benefits and highlights recently passed and pending legislation that may require employers to take action to comply with new rules.

Current guaranteed interest rate benefit expires 2015 

The future benefits payable by the state pension continue to shrink. Which is why the Government is subsidising private initiatives such as company pension plans.
An occupational pension scheme can be used to reserve part of your salary for financing your later retirement. One key benefit: lower tax/social security contributions during the accumulation phase.
What many in employment don’t realise is that Government will cut the guaranteed interest rate for pension/life assurance plans from 1 Jan. 2015 from 1.75% to 1.25%, on account of persistently low capital market rates. Accordingly, customers will only get the lower guaranteed interest rate when taking out a new policy after the close of 2014. This change not only places a long-term cap on guaranteed old age pension payments but also directly impacts the calculation of disability insurance premiums.

Rate cuts Impact pension provisions reported on financial statements

The long-awaited regulatory intervention will presumably be passed into law in late February. The erosion of rates has caused pension provisions to skyrocket since 2014, which places an enormous burden on company balance sheets, as they cause reported earnings to shrink. The steep rise in pension provisions is mainly a result of the regulation in force which requires rates to be calculated on a 7-year average.

PSV 2013 contribution factor

The Cologne-based German Pension Insurance Association (PSVaG), which assumes occupational pension payment obligations for insolvent employers, has set its 2013 premium rate at 1.7 (2012: 3.0 per 1,000). This year, German businesses must therefore pay a significantly lower sum to secure pension insurance for insolvent firms than was the case last year.

German Federal Labour Court (BAG) interprets company pension commitments: despite pension promise at 65, payments from 67 (BAG ruling 15/05/2012, 3AZR 11/10)

In its ruling dated 15/05/2012 (3AZR 11/10), the BAG decreed that retirement benefits from a company pension scheme are not payable until the person attains the statutory retirement age (67 years) — despite the explicit specification of 65 years as the age at which the person qualifies for a pension. Contrary to the majority opinion in trade literature, the Court reached its interpretation by considering the fact that the employer, in specifying an age limit of 65 years, had typically assumed that company pension payments would be honoured at the same point in time at which the employee could also claim his or her full state pension. Notwithstanding the explicit specification of 65 as the pensionable age, the statutory age of eligibility from the state pension scheme must therefore be viewed as the age agreed.