Even when the police intervened, the alcohol-smelling gawker did not give in

Even when the police intervened, the alcohol-smelling gawker did not give in

Düsseldorf (dpa / tmn) – A company pension for reduced earning capacity must also be granted retrospectively. That was decided by the Düsseldorf Regional Labor Court (Az .: 6 Sa 983/16).

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In the opinion of the court, a provision in the insurance conditions of a pension fund that requires an application to be submitted with evidence and at the same time only grants the company pension from the month in which the application is submitted is ineffective. The court has admitted an appeal.

In the negotiated case, the plaintiff had been employed by a company for over 32 years and during this time had acquired the right to a company pension. In November 2015, the German pension insurance granted the man a statutory pension with retroactive effect from February 1, 2013 due to partial disability. At the end of November 2015, the man applied to the pension fund and the company for a company pension. These were granted to him from November 1, 2015 at EUR 540.80 gross monthly (pension fund pension) and EUR 119.32 gross monthly (company benefit). The defendants rejected a retroactive payment.

The regional labor court awarded the plaintiff a company pension retroactively as of 02/01/2013. It is admissible, in the case of employees who left early, to stipulate conditions for the application for the granting of the company pension. The regulations, according to which evidence must be submitted when applying and at the same time the company pension is only paid from the month in which the application is submitted, disadvantage employees inappropriately.

There is no entitlement to a company pension due to reduced earning capacity even if the pension insurance institution or a medical officer initially wrongly denied the existence of reduced earning capacity. The start of entitlement to benefits is thus made dependent on how quickly and carefully a clerk or doctor works in the specific case. This disadvantage does not conflict with any interests of the pension fund worth protecting.

Theoretically, employees can lose their right to a company pension through serious misconduct. In practice, however, this is hardly possible. This emerges from a ruling by the Constance Regional Court (Az .: C 2 O 118/16).

The case referred to by the Labor Law Working Group of the German Lawyers’ Association (DAV) was about the former managing director of an insurance office. He left the company in 2010. Five years later, the insurance company accused him of having illegally rebooked commission payments of 40,000 euros to his wife. According to the company, he forfeited his entitlement to a company pension. The man complained against this – and was right. 

The court ruled that there are strict rules for revoking a company pension plan that only apply in extreme exceptional cases. This is especially true if someone has already acquired pension entitlements by the end of their activity that can no longer expire, as in this case.

When a refusal is possible

In principle, employers can only refuse a company pension if employees have acquired the entitlement by covering up serious misconduct or if they have thereby caused serious damage to the company. That is not the case here, even if the allegations are true. In such a case, the insurance company may have claims for damages against the man – but that has nothing to do with the company pension.

Work: Can the boss determine what I post on Facebook and Co.? Consumers: Company pension due to reduced earning capacity also retrospectively. Work: No time off in the event of a strike in daycare centers and local transport.123helpme.me Sources used: dpa-tmn

Employees who leave their company before reaching the regular age limit can usually not expect the full company pension later. This applies even if the highest possible company pension has already been reached, ruled the Federal Labor Court (BAG) in Erfurt (Az: 3 AZR 1061/06). Step by step explained – the history of the pension

Despite 25 years of service, no full pension

At the excavator manufacturer Atlas-Terex in Delmenhorst, Lower Saxony, the highest company pension of 20 percent of the last gross salary after 25 years of service is achieved. In 2000, several employees left the company for operational reasons, some of them after more than 25 years of operation. However, they did not receive the full pension.

The highest achievable company pension is only paid proportionally

This was rightly done, as the BAG decided. Even in such cases, according to the law, the highest possible company pension is only paid proportionally. According to this, the ratio of the actual length of service to the possible age limit is decisive.

Company pension: advantages and disadvantages of the company pension

More on the subject of company pensions: Company pension schemes – Company pension also for mini-jobbers Financial test – Big differences in pension funds Company pension – Small companies lag behind Company pension – Higher cash contributions are permitted for supplementary pensions Archive –

Good news for company pensioners with previously high incomes (source: imago images) Many company pensioners with previously good incomes are entitled to more money. This emerges from a judgment of the Federal Labor Court (BAG) in Erfurt. (Az: 3 AZR 695/08)

Income above the contribution assessment ceiling

Numerous company pension schemes have a so-called “split pension formula” with higher benefits, but previously possibly also higher contributions for income above the contribution assessment ceiling. The reason is that the employees do not acquire statutory pension rights for this income. The income threshold is adjusted annually in line with income trends. In 2003, an extraordinary increase was added by law by a further 500 euros. However, numerous pension regulations were not adjusted afterwards.

Company pensioners receive 222 euros more per month

As the BAG has now decided, the employer cannot then simply calculate the company pension according to the new income threshold. Rather, he has to pretend that the special increase did not exist. From the resulting higher company pension, he may only deduct the amount by which the statutory pension has increased due to the increase. In the specific case, the BAG awarded the plaintiff company pensioner 222 euros more per month.

Serious accident on the A1: Two trucks collide, the drivers are seriously injured. More and more people stop in the opposite lane and cause a traffic jam while gazing.

After an accident on the A1, around 50 spectators caused a traffic jam on the opposite side, according to the police. “The irresponsible behavior of these road users will” pay off “for them in the form of criminal charges for violating their personal sphere of life and for the prohibited use of smartphones,” said the Dortmund police on Thursday. The onlookers would have to expect a fine of 150 euros, a month’s driving ban and one point in Flensburg.

Accident Gazer: These penalties threaten. (Source: t-online)

Drivers filmed lifesaving: Police take photos of gawkers after a motorway accident; € 2,000 fine: Gaffer films in fatal tram accidentGaffer phenomenon: “Many people like to stage themselves”

The accident occurred on Thursday afternoon in the direction of Bremen; between the Dortmund Unna motorway junction and the Kamen-Zentrum junction. Four trucks were involved and two drivers were seriously injured. According to witness statements, a 56-year-old truck driver had overtaken other trucks and collided with another truck while cutting back into the car. This then ran into two more articulated trucks.

Sources used: dpa news agency

In Mannheim, a man recorded a fatal tram accident with his cell phone. That is not without consequences. 

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A 31-year-old gawker has to pay a fine of 2,000 euros because he photographed an injured cyclist in a serious tram accident in Mannheim and prevented helpers from providing first aid.

On March 7, he not only took pictures of the seriously injured accident victim, but also ignored the police’s request to stop. The 54-year-old cyclist died shortly afterwards in a clinic. 

The Gaffer phenomenon: “Many like to stage themselves”

The 31-year-old objected to the penalty order. Only when it came to the main hearing did the man accept the fine, said a spokesman for the Mannheim district court.

Sources used: dpa

Several people are said to have filmed an emergency doctor on a motorway and thus obstructed traffic. The Dortmund police are now investigating six suspects.

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The police are taking action against gawkers who are said to have filmed a rescue operation for an unconscious man on Autobahn 44 near Unna. They had reduced the speed of their vehicles in the left lane “in order to be able to better film the struggle of the emergency doctor for the life of the family man,” said the Dortmund police on Monday evening. The man died on the spot.

According to the police, pictures were taken of the drivers who are said to have filmed from the other side. She is now expecting mail with the initiation of criminal proceedings or an administrative offense. Criminal charges were filed against six suspects.

According to the police, the man was traveling with his family on October 24th on the motorway towards Kassel. Suddenly he felt sick at the wheel and lost consciousness. His wife was able to steer the car on the hard shoulder and called the police in Unna.

“We don’t just think it’s bad that you want to delight in the suffering of others,” the police wrote in their statement. It is even more worrying that “that egocentric behavior” puts oneself and other road users in mortal danger.

Sources used: dpa press release from the police

Mannheim (AP) – A drunk gaffer molested a paramedic in Mannheim and hit him with his fist. As the police announced, there was initially a minor car accident with a slightly injured person on Saturday evening.

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A short time later an ambulance pulled up and stopped on the street. That didn’t seem to please a 23-year-old onlookers. He cursed a paramedic and asked to drive the ambulance away from here.

The man did not let himself be reassured, it said. Instead, he pushed and hit the paramedic.

Even when the police intervened, the alcohol-smelling gawker did not give in. The police eventually took him to the station, where he calmed down. An alcohol test showed a value of 1.34 per mille. The medic was slightly injured in the attack.

In the event of a serious accident on the A5, onlookers cause a traffic jam in the opposite lane. Now the police are demanding a heavy fine from around 100 drivers. 

After a serious accident on Autobahn 5 near Bruchsal near Karlsruhe, the police cracked down on drivers who had not formed an emergency lane. More than 100 drivers will have to pay a total of around 23,000 euros in fines, as the police announced on Thursday. For half an hour, the officers monitored the route in the direction of Heidelberg.

In the accident on Thursday afternoon, a 47-year-old truck driver hit another truck at the end of a traffic jam. The force of the impact pushed this truck onto the next. The 47-year-old was seriously injured and trapped in his vehicle and had to be rescued by the fire brigade. A rescue helicopter was also used. The material damage is around 50,000 euros.

Due to the full closure, a traffic jam of at times more than 20 kilometers formed behind the accident site. According to the police, there was a traffic jam about two kilometers in length on the opposite lane because gawkers wanted to watch the rescue work.

Sources used: dpa news agency

Pforzheim (AP) – After a fatal accident on Autobahn 8 in Baden-Württemberg, doubts have arisen about the representation of the police, according to which gawkers are said to have opened the door of an ambulance.

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They came close to a car in which an injured person was being treated, said the press spokeswoman for the district association of the German Red Cross (DRK) Pforzheim-Enzkreis, Daniela Kneis, on Thursday.

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