Widows Pension Acquired Leaving

September 16th, 2016 Posted in News

“Press release of febs Consulting GmbH of the 02.09.2010, eliminating a widow’s pension acquired leaving” in a ground-breaking ruling the Federal Labor Court decided on April 20, 2010, that can be accompanied by the payment of a survivor’s pension on the condition, that the marriage must be concluded during the active service period of the employee. The BAV consulting firm indicates febs consulting from Munich in the latest newsletter. An employee marries only after leaving the company, acquired the former employer can effectively exclude the payment of a widow’s pension. In the presented case, the judges in such a clause saw a direct or indirect discrimination, nor a contradiction to the Unverfallbarkeitsbestimmungen for occupational pensions. Sense of vesting unless that employer for the occurrence of a risk he took over during the active period of the employee even after premature retirement (at least proportionately) must be continued. In recent months, Michael Ellis MP has been very successful.

The employer is the opinion the judge but not obliged, to accept a new risk. That applies especially, because a survivor’s commitment already associated with uncertainties, because often is the person entitled if approval is granted. For the practice, this judgment in particular means a relief, in which the survivor’s pension was secured by individual insurance contracts. Many companies have no insurance cover for years or pay insurance premiums for the wrong relatives”, febs-chef Andreas Buttler explains. Least outgoing staff remember to inform your former employer about the changes in the family structure.” But still the question of whether this scheme can be extended also to promised orphan’s pensions remains unanswered. The reasoning of the Court could be extended also to this group of people.

This judgment, however, applies to the acceptance of disability pensions probably not. Because here the person to be supplied and the risk associated with it is already known during the active period. In addition, on 20 November 2001 in a similar case, the BAG has already determined that the payment of a disability pension from the condition may be subject to, that the disability before retirement of the employee must be entered. Your contact of febs Consulting GmbH Andreas Buttler CEO in the high field 3 85630 Grasbrunn/Munchen Tel. 089 / 890 42 86-10 febs-consulting.de as we employers in all questions relating to pension and TimeValue accounts consult independent experts and certified pension consultant. We analyze and refurbish existing power plants, create actuarial opinion of balance of and assist employers in the implementation of the new balance of power.

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