Clearing Up Pension Funds In Germany

New Implementation

Method In Art. 10 – Amendment to the Insurance Supervision Act (VAG), the Old-age Assets Act of 26 June 2001 regulates the introduction of pension funds as legally viable pension schemes for occupational retirement provision (occupational retirement provision). The calculation and amount of the required solvency margin, the minimum guarantee fund that allowed for covering own resources, the principles of actuarial calculations as well as one or more maximum values for the interest rate used to calculate the premium reserve are governed by statutory instruments, whose designs end of 2001 on the Internet at http: //www.bundesfinanzministerium.de have been announced.

From 2002, the pension fund is a new way of implementing occupational retirement provision (see § 112 VAG – Versicherungsaufsichtsgesetz). The objective of including occupational retirement provision in the new tax retirement pension scheme with allowances or special spending deductions is facilitated by the introduction of pension funds. See, Keywords old-age provision/allowance and old-age provision / special expenses deduction.

Investment principles

The capital of the pension fund is to be adjusted in such a way as to ensure the greatest possible security and profitability with sufficient liquidity of the pension fund while maintaining adequate mixture and diversification of the investment forms (§ 115 VAG). The investment policy must be presented annually against the supervisory authority (section 115 para 3 VAG). It is possible to choose investment grade, ie also risk-proof investment forms – in particular equities – (up to 100% share quota, if applicable). The permanent fulfillment (solvency) of the obligations does not have to be guaranteed. It is possible to cover up to 5%.

As a special feature of the new pension fund, retirement benefits must be paid exclusively as lifelong learner (§ 112 para 1 VAG). Performance-related and contributory pension plans are also possible. In contrast to the external pension fund pension fund and direct insurance , pension funds are subject to the insolvency insurance according to the BetrAVG. Employers who choose this new way of occupational retirement provision are therefore also contributory to the pension insurance association, which carries out the insolvency insurance. As is the case with the insolvency insurance schemes which have already been subject to support measures and direct support , the Pensions-Sicherungs-Verein does not insure a possible insolvency of the pension fund but an insolvency of the employer.

The Pensionsfonds also offers employers the privilege, In order to be able to better calculate occupational pensions by means of contribution assurances with a minimum guarantee of the premiums paid and no longer have to deal with long-term obligations arising from performance commitments only with higher risks. The pension fund pays lifelong retirement pensions with the possibility of covering the risk of invalidity and survivors.

Tax treatment of contributions (saving phase)

In the case of the pension fund, the taxation of contributions paid by the employer is, as in the case of direct insurances and pension funds, already in force at the time of payment of the pension to the pension fund. In order to support the construction of pension provision, however, contributions from the first employment relationship to a pension fund are funded as a matter of principle up to 4% of the pension ceiling of the pension insurance scheme, § 3 No. 63 EStG (2002 = 2,160 EUR, 2003 = 2,448 EUR) are exempt from tax. In the case of exemption from taxes pursuant to Art. Section 3 No. 63 of the Income Tax Act (EStG), there is no possibility of granting such (Section 82 (2) of the EStG). The allowance or the special deduction is granted – with respect to occupational retirement provision – only for retirement contributions from individually taxed wages. Therefore, the employer may, Section 1a (3) of the Act on the Improvement of Occupational Retirement Provision requires that the payments be taxed individually and thus entitle to a subsidy through extra pay or special tax deduction (§ 3 No. 63 S. 2 EStG).

The possibility of flat-rateing the wage tax as in the case of the direct insurance schemes and the pension fund acc. § 40b EStG does not apply to the pension fund. The special issue deduction is granted – with reference to occupational retirement provision – only for retirement contributions from individually taxed wages. Therefore, the employer may, Section 1a (3) of the Act on the Improvement of Occupational Retirement Provision requires that the payments be taxed individually and thus entitle to a subsidy through extra pay or special tax deduction (§ 3 No. 63 S. 2 EStG). The possibility of flat-rateing the wage tax as in the case of the direct insurance schemes and the pension fund acc. § 40b EStG does not apply to the pension fund. The special issue deduction is granted – with reference to occupational retirement provision – only for retirement contributions from individually taxed wages. Therefore, the employer may, Section 1a (3) of the Act on the Improvement of Occupational Retirement Provision requires that the payments be taxed individually and thus entitle to a subsidy through extra pay or special tax deduction (§ 3 No. 63 S. 2 EStG). The possibility of flat-rateing the wage tax as in the case of the direct insurance schemes and the pension fund acc. § 40b EStG does not apply to the pension fund. That the payments are individually taxed and there is thus a claim for subsidies via allowances or special expenses (§ 3 No. 63 S. 2 EStG). The possibility of flat-rateing the wage tax as in the case of the direct insurance schemes and the pension fund acc. § 40b EStG does not apply to the pension fund. That the payments are individually taxed and there is thus a claim for subsidies via allowances or special expenses (§ 3 No. 63 S. 2 EStG). The possibility of flat-rateing the wage tax as in the case of the direct insurance schemes and the pension fund acc. § 40b EStG does not apply to the pension fund.

Transfer of entitlements to pension fund

Entitlements from the implementation pathways Pension benefits and support funds can be transferred tax-free to a pension fund (§ 3 No. 66 EStG). With the possibility of outsourcing these assets, companies are offered an opportunity to improve their balance sheets and thus their position on the international capital market. This can lead to higher returns, which increases the efficiency of occupational pensions and reduces the additional costs. The advantage for employees is that they receive a legal claim against the pension fund as an external bearer of occupational pensions and can take their claims with a change of the employer.
Contributions to a pension fund may be deducted as operating expenses from the company that makes the contributions (carrier companies) insofar as they are based on a defined obligation or serve to cover deficits with the fund. These contributions may not be deducted as operating expenses, provided that the benefits of the fund, if they were provided directly by the sponsoring company, would not be initiated by the holding company (§ 4e EStG).

At the request, the company can subtract the total necessary payments to a pension fund for the partial or complete takeover of an existing pension obligation or pension provision by the pension fund in accordance with section 4e paragraph 4 of the EStG. The distribution over a period of ten years also applies in the same way to grants to the support fund for the amount paid by the fund to a pension fund which has assumed an obligation to provide it (§ 4d para 3 EStG).

This above-mentioned application for the distribution of the operating expenditure deduction for ten years is a precondition for the fact that, § 3 no. 66 EStG the payments, Which are paid by an employer or a support fund to a pension fund for the purpose of assuming their pension obligations, remain tax-free at the time of the takeover. Companies therefore have to pay a 10-year distribution of the operating expenditure deductible in favor of their employees.

Taxation in the payment phase

The subsequent benefits from the pension fund are – insofar as they are based on subsidized contributions – either in connection with previously tax-free payments made pursuant to § 3 No. 63 or § 3 No. 66 EStG or they are based on receipts for which the Employees receive subsidies with allowances or special tax deductions (see the terms “Old-age provision/allowance and old-age provision”). These benefits are recognized as other income in accordance with Art. § 22 No. 5 of the Income Tax Act (Einkommensteuergesetz – Einkommensteuergesetz – German Income Tax Act) in the event of an inflow under full pension payment (pension provision/taxation). Only a lump sum of EUR 102/200 DM can be deducted.

In the case of shares which have not been funded under the Act on Old-Age Assets, the “normal”

Time account

After consultation with the supreme financial authorities of the Länder, it is possible to promote first contributions paid into a time account and converted at the latest at the end of the year as a one-time payment into occupational retirement provision with old-age provision allowance or special expenses deduction. The formation of time accounts in the interim is insignificant (BMF v. 08.10.2001 – IV C 5 – S 2333 – 71/01, DStR 2001 p. 2073).

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