Press release of the febs Consulting GmbH, April 29, 2010 the current content of a Managing Director due to the poor wirtschaftlichen situation of the company is reduced, so necessarily the AuswirkunGen on occupational pensions should be addressed contractually. The BAV consulting firm indicates febs consulting with views on a current judgment of the Schleswig-Holstein Finance Court of February 11, 2010. The Court had to decide in which some years no salary was paid a GGF due to the economically poor SItuation of the company over a case. For the salary-related pension commitment, nothing was regulated. “The IRS mandated, that based on this salary adjustment to zero” also the pension commitment would be omitted and called for a profit-increasing release of provisions.
The Court, however, allowed the GmbH, the pledge in the amount of his were used partly to keep. The salary depending on the commitment was obvious only to regulare salary adjustments to obtain. Therefore, one is Gap, which is to close by interpretation of the contract. Here, the Court assumed that a reduction of salary and in addition a reduction of commitment would lead to a unzumutbaren double of the GGF. There was also no excess supply check to make due to the rehabilitation nature of temporary renunciation of content. Apart from that, the 75% threshold was only an indication, always appreciate that in the overall context. The IRS has lodged against that judgment revision. Nevertheless, it is the decision for the practice of importance.
The febs experts advise therefore to ensure contractually agree also the possible consequences for occupational pensions at each salary reduction care. As independent experts and certified pension consultants, we advise employers in all questions relating to pension and TimeValue accounts. We analyze and refurbish existing power plants, create actuarial opinion of balance of and assist employers in the implementation of the new power balance. Contact: