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One finds surplus participation normally only in usually long-term person insurance contracts, like life and health insurances. It is to be described construction dependently developed and therefore also only due to special conditions in such contracts.
In the way of the surplus participation the insurants are taken part in particular in the life and (private) the health insurance in the of the insurance company.
Because of the necessity, up to lifelong existing insurance protection also with worsened state of health to received, many life and health insurances with very long are partly locked, many decades comprehensive running times. For these promises the insurance company without consideration for the health development insured insurance protection at the price agreed upon at the time of conclusion. With worsened health the Versicherte is at the same time bound to this insurance company, since no other insurance company would accept him more at the same price; with very bad state of health any longer payable contributions would not have to be raised ("insurance of a burning house "). Therefore the insurants that the insurance company commits itself for the running time on certain of minimum standard, expect in particular that the cost-performance ratio certain level never exceed. These are "guaranteed contributions "and "guaranteed themselves achievements ", to which the insurance company is bound over the whole contract running time, directly as by change the number of deaths, the inflation, which capital markets etc. develop its own "production costs ". Since the development for 20 or up to 80 or even 100 years in no way is foreseeable, insurance companies assure such warranties only on a very low level always attainable after human discretion. This is sociopolitically required not only economic self-interest of the insurance companies, but also. Because would keep health impaired Versicherte in the case of a bankruptcy of the insurance company the insurance protection particularly necessary in this situation no longer other. Therefore are considered bankruptcy of life and health insurance enterprises as sociopolitical inakzeptabel and it world-wide a strict national supervision of these enterprises are accomplished. From this the insurance companies may express warranties only within certain limits.
From this necessity to raise compared with the actual guaranteed achievements very carefully determined contributions nearly inevitably a surplus of the insurance company resulting from this caution results in most years, up to very few particularly unfavorable. Since this surplus as far as possible not by the business achievement of the insurance company separate construction dependently develops, it is back refunded practically since the beginnings of the life insurance, essentially for competition reasons, to a certain part to the insured ones as surplus participation by "the refund of contributions ". This happened for the first time in the year 1768; already 6 years after the establishment first on mathematical/statistic basis of working life insurer had developed so high surplus that a payment was necessary to the insurants.
Since this surplus is with caused by the national regulations for the careful grant by warranties, many states plan at the same time regulations for surplus participation. Germany belongs to the states with the strictest relevant regulations. The BVerfG gave up to the legislator in the year 2005 additionally still to regulate the few ranges to at the end of of 2007, not regulated so far yet, legally. In many states the of surplus is more or less unsettled and thus large or even completely in the discretion of the insurance companies, which make this then on the basis of competition criteria. In Austria and Switzerland the supervisory authorities have interference rights, but are little concretized the legal obligations of the insurance companies. One relies here, as in most states, on the competition of the insurance companies and the majority of the consumers.
"§"§ the 81c (life insurance) and 81d (health insurance) of the law of supervision of insurance (VAG) require an appropriate participation of the insurants, as far as the contract plans a requirement on surplus participation at all, at the surplus of the insurance company. The regulations issued due to these paragraphs specify this requirement. If the insured ones are not taken part appropriately in the surplus, then a bad state is present, and the supervision of insurance can make therefore with simple inadequacy corresponding measures. Otherwise the supervisory authority can become active only under substantial stricter conditions after "§ 81 VAG. These regulations apply only to insurance companies with seat in Germany. The contracts offered due to the free domestic market for financial services of insurance companies with seat in other European Union states in Germany are subject to the regulations of the seat country, as far as such became to issue for surplus participation. The European Union did not plan any relevant protection regulations, since the free domestic market can function only on the basis of consumers of age. Germany may plan these regulations only for insurance companies with seat in Germany ("resident discrimination permissible in the European Union ").
Due to "§ 81 C VAG the regulation was issued over the minimum refund of contributions in the life insurance (ZRQuotenV). From this the surplus of the insurance company is, as it according to the according to commercial law regulations arises to divide into the different sources of result (interest, risk, costs and other). At each positive source of result are appropriate the insurants for taking part. Thus Germany is few states, in which a transverse accounting in such a way specified between sources of result, e.g. between cost losses and interest surplus, is effectively impossible. The insurance company from its portion of the other sources of result must adjust deficits in individual sources of result; they do not go thus debited to the insurants.
Apart from this prohibition of the transverse accounting and the requirement of an appropriate participation in each source of result, "§ 81 C VAG see formula lower bound for an appropriate surplus participation concretized by the ZRQuotenV also still another forwards. From this the surplus participation must be so high altogether that it together with that contractually the insurants interest well brought at least 90% proportionately of the entire capital returns of the insurance company (also of capital returns, which were acquired not with contributions but with the capital of the insurance company), being allotted to liabilities of the insurants, corresponds.
For 1994 ago, the year of the Deregulierung of the European insurance market, final contracts further the past total business plans for the surplus participation are relevant. In accordance with the ZRQuotenV is measured the minimum surplus participation partly at the market average of the insurance companies in Germany, partly at the actual risk result of the insurance company.
Also here the Versichterte must be taken part appropriately in the principal, risk and cost result.
From the capital result first the interest charges of as fixed in the tariff aging resetting are paid. The remaining amount enters over interest result. To pay interest on about 90% of it used around the accumulated with the actually gained interest. The over-lasting amount is divided: to the aging resetting 2005 60% are introduced, into the success-independent resetting for refund of contributions 40%. In the following years the proportional portions, the RfB portion change sink per year around 2%, the aging resetting portion rise around 2%.Das risk and the cost result with the remaining 10% over interest result are summarized. Of it 80% go into the success-dependent resetting for refund of contributions, which remainder proven as yearly surplus.
From view of the insurance company the means can for surplus participation
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