1st seminar day: Introduction and intentions of the Kenston Akademie für bAV und Zeitwertkonten and the Kenston Pension GmbH

Basics, requirements and implementation of company pension schemes – focus on labor, civil, tax and accounting law

  • Introductory excursus on the need for permission to provide legal and tax advice in the areas of company pension schemes and time accounts
  • Nature, purpose and development of occupational pension schemes in the Federal Republic of Germany (influences of European law)
  • The basic labor law relationship of the company pension plan – “The pension commitment”
  • Deferred compensation
  • The implementation methods of the company pension scheme
  • Methodology and background to the formation of pension provisions
  • The recognized rules of actuarial mathematics
  • Special case – the lump-sum endowed provident fund
  • The statutory vesting period
  • Compensation
  • Transmission
  • Early retirement pension
  • Legal insolvency protection
  • Adaptation of services
  • International Accounting
  • Effects of the German Accounting Law Modernization Act (BilMoG)
  • Detailed view: outsourcing of pension obligations
  • Changes to pension commitments
  • Company pension scheme in case of transfer of business and universal succession
  • Current developments
2nd seminar day: Summary of the 1st seminar day and introduction of the 2nd seminar day
The company pension of the controlling shareholder-managing director of a corporation
  • Basics of the shareholder-managing director supply
  • The special position of the managing partner due to his participation in the company
  • Tax treatment of a direct pension commitment in a corporation
  • Tax treatment of an indirect pension commitment in a corporation
  • The tax treatment of a direct pension commitment at the shareholder-manager
  • The tax treatment of an indirect pension commitment at the shareholder-manager
  • Waiver, severance pay
  • Revocation of pension commitments
  • Transfer, change of debtor and change of the execution route
  • Shareholder-managing director in the social insurance
  • Civil law insolvency protection
  • Sensible financing options
  • Specific implementation issues in practice
  • Comparative considerations: pension commitments to “other, controlling” company managers
  • Current developments
3rd seminar day: Final day of the seminar series
Time value accounts in the operational implementation – legal bases, application of law and design options
  • Social, political and economic backgrounds – time value accounts in the field of tension of the current situation
  • Current status of statutory, company and private pension schemes
  • Legal basis and functioning of time value accounts
  • Accrual of time value accounts compared to deferred compensation within the framework of the company pension scheme
  • Definition delimitation: differentiation of the different types of time value accounts
  • Differentiation of time value accounts and partial retirement models
  • Advantageousness considerations: Time value accounts as a partner of the company pension scheme and successor of the statutory partial retirement
  • Financing possibilities of time value accounts
  • Investment opportunities and strategies to reinsure assets
  • Legal requirements for working time accounts, including the effects of the “Law for the Improvement of the General Conditions for the Safeguarding of Flexible Working Time Arrangements and for the Amendment of other Laws (Flexi-G II)”: Labor law requirements / social security law requirements / insolvency protection of assets / effects of the formation of assets on other areas of law
  • Tax and balance sheet treatment of time value accounts in the company – effects due to the influence of the Federal Ministry of Finance (BMF)
  • Tax effects for employees
  • Design options and benefits considerations: Treatment of employer subsidies / transfer of assets to a new employer or to the Deutsche Rentenversicherung Bund
  • Requirements and prerequisites for the technical and legal introduction and ongoing administration of working time account systems
  • Current developments
Final examination on the seminar contents of the preceding seminar days.

Upon successful completion, the certificate as Certified cooperation and consulting Partner for occupational pension schemes and time accounts of Kenston Pension GmbH will be awarded.

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