Why the actual pension is often lower than expected and what rights you have vis-à-vis the insurer.
Is your private pension insurance paying out less than expected, or are you disputing the surrender value? With hardly any other product is the gap between expected and actual benefits so wide. Disputes arise primarily regarding profit sharing, the pension factor, the surrender value, and clauses concerning survivor's pensions. Rogert & Ulbrich will review your contract and enforce your claims against the insurer.
What private pension insurance provides
Private pension insurance is a form of life insurance. During the savings phase, you pay contributions; during the retirement phase, you receive a pension based on these contributions. At the start of the payout phase, you often have the option of choosing between a lifelong pension and a one-time lump-sum payment.
The pension consists of two parts: a guaranteed benefit and a non-guaranteed profit-sharing component. The pension factor determines the monthly pension payment for each accumulated capital. These components are the crux of many disputes, as the actual payout often falls significantly short of initial projections.
From his previous work on the insurance side, lawyer Dario Kovac knows which levers insurers use to reduce benefits. Knowing these points allows one to specifically challenge a reduction.
Is your pension or payout lower than expected? Don't accept the statement without checking it, because a Benefit reduction by the insurer is not always justified.
Dispute over profit sharing and pension amount
When a contract is signed, insurers often quote an expected pension that includes substantial bonuses in addition to the guaranteed amount. These projections are non-binding. While you are generally entitled to participate in the bonuses according to Section 153 of the German Insurance Contract Act (VVG), their amount is not guaranteed and can decrease significantly over the years.
This leads to the typical disappointment: the actual pension is noticeably lower than what the sample calculation had predicted. Added to this is the pension factor. Some contracts guarantee it, while others reserve the right to adjust it at the start of the pension. Whether a reduction is permissible depends on whether the corresponding clause is clearly and transparently worded.
Whether a reduction in surpluses or a lowering of the pension factor is effective is therefore often a question of... Contract interpretation and breaches of duty. No one has to accept opaque or ineffective clauses. We will discuss in more detail how large the gap between projected and actual payouts can be in a separate article.
Is your pension falling far short of the forecast? Have the clauses regarding profit sharing and the pension factor reviewed.
Dispute regarding the surrender value upon termination
Anyone who terminates the contract prematurely receives the surrender value. According to Section 169 of the German Insurance Contract Act (VVG), the insurer owes this value, but it is often far below the sum of the premiums paid. This is primarily due to the acquisition and distribution costs, which are charged at the beginning, as well as any cancellation fee.
Especially in the first few years, the surrender value can therefore be disappointingly low. Furthermore, a cancellation fee is only permissible if it is effectively agreed upon and reasonable. Cost allocation is also subject to limitations. In the past, the courts have repeatedly criticized opaque clauses regarding cost allocation and surrender value.
Therefore, before you cancel, it is worth checking whether the offered surrender value is calculated correctly and whether there are better alternatives.
Does the surrender value seem too low to you? Have the calculation checked before you cancel.
Cancellation and reversal as an alternative
Besides cancellation, there is a second option that is often overlooked: revocation. Life and pension insurance policies have a right of revocation (§ 152 VVG). However, the revocation period only begins if you have been properly informed about your right of revocation and have received all the necessary documents.
If the information provided was incorrect, the right of withdrawal may still exist years later. In this case, the contract is reversed. You will then generally receive your contributions back, less a risk component and plus any benefits received. This can be significantly more advantageous financially than simply receiving the surrender value.
We are familiar with this consumer protection approach from numerous cases in banking and capital markets law. Whether a revocation is possible in your case depends on the specific instructions and the contract documents. We will discuss the advantages and disadvantages of termination, revocation, and rescission in a separate article.
Are you considering ending your pension insurance? Have it checked whether a cancellation is more advantageous for you than termination.
Survivor's pension and incorrect advice during the conclusion of the contract
Two other situations regularly lead to disputes:
- Survivor's pensionMany contracts stipulate a benefit for surviving dependents or a guaranteed pension period in the event of death. After the insured's death, the insurer sometimes refuses payment, claiming that a pre-existing condition was not disclosed when the contract was concluded. This raises questions of burden of proof, deadlines, and contestation.
- Misrepresentation during the contract processIf you received incorrect advice when concluding the contract, for example, if the risk profile was ignored or a commission was concealed, you may be entitled to damages under Section 63 of the German Insurance Contract Act (VVG). Instead of being bound by the contract, you could then be placed in the position you would have been in had you never entered into it.
We will explore both topics in more detail in separate articles. In both cases, a thorough review of the documents, especially the consultation records and health information, is crucial.
Is your insurer refusing to pay your survivor's pension, or do you feel you've received incorrect advice? Have your case reviewed.
What you should do in case of a dispute with your pension insurer
In cases of insufficient or reduced payments, a structured review is essential. These steps will help:
- Compile documentsCollect your insurance policy, terms and conditions, sample invoices, addenda and the cancellation policy.
- Trace the billingHave the calculation of pension, pension factor or surrender value checked in detail.
- Check clausesClarify whether clauses regarding surpluses, costs and cancellation fees are transparent and effective.
- Check cancellationHave it determined whether the cancellation policy was correct and whether a cancellation is still possible.
- Meet deadlinesPay attention to limitation periods, especially for claims arising from incorrect advice.
We delve deeper into the most important issues regarding each point of contention in separate articles: the reduced profit sharing, the excessively low surrender value and its associated revocation, incorrect advice given during the policy conclusion, and survivor's pensions. An overview of our work can be found in the section... Insurance law.
The sooner your contract is reviewed, the more options you have. Have your payout assessed while the deadlines are still open.
Rogert & Ulbrich – Your lawyers in insurance law
Rogert & Ulbrich represent policyholders nationwide in disputes with their private pension insurance companies. Attorney Dario Kovac, who is familiar with insurers' review and rejection strategies from his previous work on the insurers' side, serves as the contact person. We combine this insider knowledge with the firm's consumer protection experience from major cases in banking, capital markets, and automotive law. This allows us to engage with insurers on equal footing.
We review your contract and statement, assess clauses regarding surpluses, pension factor, costs, and cancellation fees, and clarify whether a cancellation or a claim for damages is more advantageous. In the case of the Examination and enforcement of claims arising from insurance contracts We represent you out of court and, if necessary, in court. We involve any existing legal expenses insurance early on and obtain the coverage confirmation for you.
Are you in dispute with your pension insurance provider regarding payouts, surrender value, or survivor's pension? Get in touch and secure your rights.
