Based on public law and genuine self-governing
All these pension schemes have the following in common:
- compulsory membership based on public law for all self-employed or salaried working members of the specific profession,
- genuine self-governing by the representatives of the liberal professions,
- determination of the system of contribution/benefits by the representatives according to the needs and wishes of all members they present,
- concentration on main benefits, therefore higher level
- self-financed by contributions, therefor no dependency on state-subsidies
The professional pension schemes of the liberal professions are special systems of compulsory provision based on the law of the "Bundesländer" but only for members of the liberal professions regardless to the form of exercising their profession, self-employed or salaried.
Salaried professionals are according to their compulsory membership in the pension schemes exempted from the compulsory membership in the public social insurance pension scheme in which normally all employees have to be members.
The mandate to provide benefits is based in the law of the "Bundesländer" (e. g. Bavaria, Saxony etc.) according to the legislative power of the federal states pursuant Art. 70 of the constitution (Grundgesetz). The pension schemes for the liberal professions are not social insurance in the sense oft Art. 74 no. 12 of the constitution. They do not only provide benefits for old-age, disabillity and survivors but fulfill also political tasks by preventing a superannuation of the professionals by providing sufficient benefits/pensions and therefore keeping the professionals efficient and productive. Beside the effect of improving the age structure they also fulfill an important political function on the labour market. Furthermore the pension schemes as capital funded systems play an important economic role. They contribute to maximize the capital fund which allow more investment, more growth and finally more employment. They provide the national economy with long-term investment capital. Therefore the professional pension schemes of the liberal professions provide more national product for all.