With the result that they are also obligatory as the pension comparable revenue. Disputes remains so common in generalizing analyses the case Justice may be on the line. Therefore can be of numerous special cases”report, in which insured persons with the rules established by the BSG partout does not want to settle for. The case, which again ensures displeasure is that direct insurance completed first by the employers was continued privately after the termination of the employment relationship. Although direct insurance is generally not operating. “She can when changing the workplace so taken with” and will be continued by the new employer.

In many cases, sentence 2 shall was however procedure in accordance with the contractual insurance solution of 2 para 2. This provision creates the possibility that unless pension entitlements already caused the insured property is transferred to the workers. The workers can decide to make the direct insurance contributions, or from his net to continue her income. In fact if this private continuing direct insurance to a normal private capital life insurance. Inconsistent case law the lower social judge therefore in part expressly against the decision of the BSG. So has the Sozialgericht (SG) Dusseldorf on September 18, 2008 (S 8 KR 82/05) decided that to differentiate at one of the above outlined cases of direct insurance.

Was a part of the contributions in the context of occupational pensions and another part from taxed and verbeitragtem income paid, so must also at the performance in terms of occupancy and insurance premiums be distinguished. From this episode, that the part of the performance, who funded about occupational pensions has been with insurance premiums charged is the part of the performance, which was financed by private contributions, but not. A different approach would para 1 GG violate the equality principle of article 3, because there is no reason to treat this part other than a life insurance policy. This judgment is not yet final. It is pending at the State social Court (LSG) North Rhine-Westphalia under the REF. L 5 KR/172/08. In a similar case (private closed life insurance continued as direct insurance) the LSG Baden-Wurttemberg has ruled on September 14, 2007. “It has the payout of the insurance also after a private” and an operational “part divided. The full contribution for the statutory health and long-term care insurance (AZ.: L 4 P 1312/07) is to pay only for the operating part. Conclusion many questions remain unanswered in this juxtaposition of individual decisions, and generally the full cash contributions on direct insurance are due. Otherwise as pensioners the statutory health insurances with the resulting legal uncertainty can arrange quite well. In most cases, the contributions are paid relented and decisions unterinstanzlicher SG – against the jurisdiction of the BSG – are the exception and are also always only individual cases. It will be exciting once again soon for all direct insured persons who have lodged objections and if necessary action against their contribution decisions. The dispute of the ver inflow of capital performance one private continuing direct insurance is namely to the decision the Federal Constitutional Court (file No.: 1 BvR 739/08). Is to be hoped that the coming judgment will ensure legal peace and clear conditions.