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Direktversicherung: What kind of a malarkey is this?

Lissabon, 2013 Foto: H.S.

12.07.2014 - von W. D. + D.F. + H.S.

Herr Fazadin hat einen Brief an die Bundeskanzlerin geschrieben. In Englisch. Das ist seine Muttersprache. Trotzdem hat er in diesem Land gearbeitet und in eine Direktversicherung eingezahlt. Und jetzt muss er feststellen, dass er von der Auszahlung Geld an die Krankenkasse zahlen soll. Herr Fazadin fasst es nicht, was aus der Direktversicherung geworden ist.

Bundeskanzlerin Angela Merkel
Willy-Brandt-Straße 110557 Berlin

Donald Fazendin
Elmshorn, June 30th 2014
"Abschaffung der Sozialversicherungsbeiträge auf Kapitalerträge zur Aufbesserung der Rente"
(Author: Wolfgang Denzin, Published on June 9th 2014)

Dear Ms. Dr. Merkel.
"On June 9th an article from a Mr. Wolfgang Denzin was published by direktzu. The answer was published on June 20th by your moderation team. I, as one of 22 commentators, received the answer to Mr. Denzins article. My comment to this, as all other comments, were outlined with information concernig facts, which I and also others believe should have been taken into consideration, but was not. Unfortunately all answers, given be politicians, courts, judges etc. concerning this matter and the law of §229 SGB V, proves to me that, after 50 years of constant living in Germany, evidently the German language really is very, very complicated. So complicated that I sometimes believe that the native German does not even understand its own language."

"I am really astonished just how belligerent some offices can be. In any case, I have decided to give it a try and attempt to explain this in English. First of all, because my written English is far better than my written German and second; maybe, just maybe, you yourself and your offices just may take a bit more time sit down and read this letter and then possibly come to the conclusion that that, which we are struggling for is a legal complaint!
I understand that it is very complex and even I have to read through all three or four times in order to understand the meaning of all, but please take the time and go into yourself on this.
Myself, as well as many of my fellow campaigners have encountered, while attempting to explain to you, your offices, to assemblymen and to many other offices, during our struggle towards the "GMG-Gesetzesänderung zur Modernisierung der gesetzlichen Krankenkassen in November of 2003" very often misunderstanding and possibly blocking of knowledge concerning this unlawful "law". Does not anyone out there realize that it is unlawful to retroactively change any contract made prior to a "new law"!! Or is this only for politicians, lobbyists, neighboring countries etc. I, WE have heard now for years and months, from different politician sources that: "ALL CONTRACTS MUST BE ABIDED BY!! (VERTRÄGE MÜSSEN EINGEHALTEN WERDEN!!)" This new law, concerning GMG and the change in §229 of SGB V is unlawful, wrong and totally off base. Why (?), because it is interpreted wrong by all, and above all by the health insurance agencies!!

It is very hard for me to believe that the German Government, especially the office of the Chancellor reacts the way she/they do. No one in government office, whether it is the CDU, SPD, Green sit down and even attempt to understand this INJUSTICE that has been put upon us retirees since 2004. OR could it possibly be because they do not WANT to understand it? And why do you think we feel this way? Because every single answer concerning our complaint are filled with paragraphs and sentences which explains NOTHING concerning the correct knowledge of the matter towards it. Not from the media, not von the judges and above all not by the politicians. One does not have to ask the health insurance agencies, because they are making big EUROS through it. With the media it looks as though they have received a muzzle concerning the GMG and above all the Direktversicherung claimant. We realize that this would cause insurance agencies a large sum of back payment, but that this INJUSTICE is then titled from SPDs Dr. Karl Lauterbach as a kludge (Flickschusterei) and such a remark is beyond any normal discussion of the matter. Who actually "stole" the money from us in the first place? It was the Red/Green cabinet in 2003. This "Gentleman" Lauterbach has a lot of nerve.

But, your answer of June 20th states we should contact the customer protection and with this you hide behind others and claim that we should CONFIDE IN THEM WITH THIS PROBLEM!! They, in return, consult us to file suit against our health insurance agencies. We file suit against them and find out that the judges intentionally turn all around and claim that the laws are in place and correct. It is nothing but a constant run around to keep us going in circles and also to let you and your offices to sit the problem out. Here is where you are mistaken. We will fight this injustice to the end. And if it is not in your time of office then in another. No back to the subject. We have found that this, law concerning the §229 SGB V is in place!!! BUT unfortunately, the health insurance agencies are misinterpreting this given law and this for one reason. So that they can gain advantage of the retired older generation and DOUBLE collect 17.55% on fees out our earnings. AND the biggest farce is that the judges of ALL courts, SG, LSG BSG claim that this decision has no "throttling effect" for retirees whatsoever and then are actually the opinion that we, the older generation, must also pay our dues to unburden the younger generation.
Which older generation, in the past, has ever unburdened us financially when we were younger and employeed?? What is with the German civil services, politicians, and other government workers within Germany who have never, ever paid a cent in the German Social System???? Sorry, but such a remarks can only be made from an individual who is awaiting a very high pension and will her/himself NEVER have the worry of having a "throttling effect" (erdrosselnde Wirkung) on their retirement pay.

What kind of a malarkey is this? For my part, my share of the insurance was taken out of gross earnings. From this sum, taxes and Social Insurance contributions were deducted and then taken out of my net earnings . So this means EVERY MONTH, I contributed to taxes and also social insurance contributions during the saving period. And now I am paying social insurance contributions again twice!! Do you call this fair? In 1990, my employers took out a Life Insurance for me, which in this case is an Endowment insurance policy and the policy in this case pays a onetime lump sum payoff, at either death, or survival upon expiration of the policy. This policy was at no time, during the saving period a Benefits Pension Plan as it was called by your offices, insurance agencies, as well as judges of courts. (Please read the verdict of BSG-Urteil 12 RK 36⁄84 Leitsatz 2)
This is NOT right, especially when at the time of closure of the insurance the politicians previously asked us to do something for our retirement, as the retirement pay was unstable. Then in 2004 the government health department, under Mrs. Ulla Schmidt, turns the wheel around. And now your office attempts to explain that WE had an advantage of benefits during the saving period.

"Bitte haben Sie Verständnis, dass das BPA weder eine individuelle Prüfung Ihrer Angelegenheit noch deren rechtliche Bewertung vornehmen kann und darf. Außerdem kommt es bei einer Überprüfung auf wichtige Details Ihres Vertrages an, die wir nicht kennen."

"Dafür werden die Sparer jedoch bereits in der Ansparphase entlastet. Weil die Versicherungsbeiträge des Arbeitgebers innerhalb bestimmter Beitragsgrenzen pauschal versteuert und sozialabgabenfrei direkt aus dem Brutto bezahlt werden, verringern sich die Steuer- und Sozialabgaben bei der Gehaltszahlung. Wegen geringerer Steuer- und Sozialabgaben steht deshalb monatlich mehr Geld für die Beitragszahlung zur Verfügung."

How can anyone in your office claim this if they are unaware what type of a contract our employers had taken out for us (Your office mentioned this in your answer word for word (see above):
I do not believe that it is wise to claim what they claimed in their answer to me on June 26th. Why, because each insurance policy is handled differently. Also the expiration sum could have been paid out in different ways. Either on a monthly basis (wiederkehrende Leistung = Benefits Pension Plan), or as one single payment, as my policy was. Also, making a remark that the insured person benefited by this, each month, within the saving period is completely off base. As, if you read carefully above, as I had paid taxes and social insurance contributions also during this period. So just where did I benefit?

Question: How can your offices first say that each (my) contract/policy has to examined thoroughly concerning important details because you can’t possibly know my contract details? But then they say in the next sentence that we benefited during the savings period. In my eyes this is contradiction. Your moderation team can not make such a remark when they say contradict themselves and something different in the very next sentence.

We, the "Interessengemeinschaft GMG-Geschädigte-Direktversicherte" have attempted to contact almost every Assemblyman, the Media, Newspapers, sent out petitions etc... But, we end up constantly with the same unprofessional and incorrect answers in return. Dont you, Chancellor Merkel, or your offices know your OWN laws?? All offices, politicians, media refuse to understand the problem and ignore all proven facts presented. And the worse thing is that all have not the knowledge what it means to a retiree, who only receives benefits of 800,--EUR on old age pension(no NOT PENSION, THAT’S WHAT YOU RECEIVE, we receive RETIREMENT PAY and is then challenged by the government and its courts to additionally come up with 17.55% of his OWN saved money TWICE to support hers/his health insurances company month after month for a period of 10 years!! AND again, I love repeating myself… ALL judges of all courts say that this has no throttling effect (erdrosselnde Wirkung) on us!! What a joke and a farce at that!!

Therefore I ask you the following question:
Ms. Merkel, could such actions cause it to be a problem, for all those out there who naturally need not worry about whether he/she has enough money upon retirement to live comfortable, when one gets up in the morning and looks in the mirror? I know I could not!! Normally one would not ask such a question, because usually: "Each one makes his own bed!" or I believe it know in Germany as: "Jeder ist seines Glückes Schmied!!" Well on this decision WE did not make "our own bed". It was the government who did it by "tricking" us into taking out a life insurance through our employers, then turned the actually policies around by renaming them as a Benefits Pension Plan in order to allow all health insurance agencies, together with the judges and courts, make us pay double…

And therefore, I believe that the German government, the courts and their judges should really be ashamed of themselves, as they continually, for the past 10 years, have "supported" these health insurances agencies in making retirees pay double. This is what we in the US call a "Kick in the face!" Only to be "robbed" of that which we ourselves saved up from hard earned money all those years.
And this, only because some weird person figured out how the government could "legally" fill the lobbyist health insurance agencies pockets with money! This money was taken out of our pockets. This definitely does not make any logical sense and any normal individual can see that for themselves. And then to top it all off, the government, judges and courts refuse in correcting this UNLAWFUL fact. And why (?) again. Because no politician can go back on his word, as they may lose their integrity. But then the question arises in me; what INTEGRITY??? It does not exist, just as morals does not exist in politics anymore. This reminds me of a remark that Konrad Adenauer made to Franz-Josef Strauss once, during the Spiegel affair. He said:
"Es geht in der Politik nicht darum Recht zu bekommen, sondern Recht zu behalten!"
Actually a very sad and frustrating remark for a politician to make and then at that time and age!! This remark actually means "The hell with the people!!" Sad, sad ... But thats how our government reacts to its people.

As I mentioned in my comment concerning this article; I as an American citizen, permanently living in Germany since 1964, I can not believe that Germany today has went this far and treat their citizens the way they do. It is a real shame how the German government can tell their citizens to tighten up their belt buckles, but yet they give themselves pay hikes (this year especially of 9.082,--EUR monthly and thats without the extra benefits... and also never ever have to worry about their own pension. It is almost like telling children, when they ask: "Why do we have to do this?" and the parent says "Because I said so!!"

Armes Deutschland!!!

I would like to mention one more thing, before I close; I, as still a US-Citizen after 50 years of residing here, am not allowed to vote in Germany. But and sometimes I’m glad I cant, because the old folk of politician’s in Germany have all passed on!!! The ones with morals and values aren’t around anymore. But, if I could vote, believe me, I would vote the AfD into office. I have seen a lot in those 50 years in Germany, I did duty at the Berlin Wall, I was a guarded Rudolph Hess at Spandau prison, I have worked within German companies since 1971. Actually, all one has to do in this world is walk the streets and OPEN their eyes and sometimes not only be there for lobbies, themselves and corrupted banks and other countries, etc. One should also be there for those who put all of you as politicians, judges, etc. into office. BUT I guess that it is just too much to ask of a government and its employees.
Actually Chancellor Merkel, you yourself should know what it means not to be heard and also be overrun from a government. You yourself Mrs. Merkel lived a lot of your life in a very heartless and dark closed wall between East and West. But, I get the impression sometimes that has all been forgotten by some. I sure havent forgotten it… It haunted me, after the fall, for years.
Possibly you will now understand what this means to me and all my co-campaigners concerning this injustice and wrong doing to the people of this country. The world of richness is not only out there for you high 10.000. There are other people down here that need some substantial support, but unfortunately the cry is not heard….

Last but not least:
WE, „The Interessengemeinschaft GMG-Geschädigte-Direktversicherte” WILL NOT STOP OUR CAMPAIGN!! We will carry on with our writing, suing health insurance companies etc. and will Not give up!!

Donald Fazendin

Link: Direktversicherung: 38 Jahre eingezahlt, jetzt kommt die Krankenversicherung und hält die Hand auf…
Quelle: Mail an die Redaktion