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Annekatrin Veit

Author's details

Name: Annekatrin Veit
Date registered: April 22, 2015

Latest posts

  1. Interpretation of invalid works agreements as “individual pension grants with collective nature” — July 12, 2016
  2. “Late marriage” clause in pension schemes is an age discrimination — January 21, 2016
  3. Pension Indexations and Intra-Group Transfer Price Agreements — July 28, 2015
  4. Replacement of Individual Pension Grant by Works Agreement Containing New Pension Plan — July 17, 2015
  5. Preconditions for Ammendments of Occupational Pension Plans — July 9, 2015

Author's posts listings

Interpretation of invalid works agreements as “individual pension grants with collective nature”

The German Federal Labour Court has ruled that a legally invalid works agreement on pensions can be interpreted as ” individual pension grants with collective nature” (“Gesamtzusage”). This is in accordance with sec. 140 of the German Civil Code (German Federal Labour Court – Bundesarbeitsgericht, 23 February 2016,  ref.no. 3 AZR 960/13). The court had to decide …

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“Late marriage” clause in pension schemes is an age discrimination

A “late marriage” clause that requires for payment of the survivor’s pension that the employee, entitled to pension benefits, was getting married before reaching the age of 60 is invalid according sec. 7 para. 2 of the General Equal Treatment Act (AGG). This was decided by the Federal Labour Court (Bundesarbeitsgericht, BAG) on 4 August …

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Pension Indexations and Intra-Group Transfer Price Agreements

An employer who is in a favorable economic position must adjust ongoing pensions despite the fact that he is tied to a transfer price agreement within the group which is partially the source of his profits. This was decided by the Federal Labour Court (Bundesarbeitsgericht, BAG) on 10 February 2015 (ref.no. 3 AZR 37/14). The …

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Replacement of Individual Pension Grant by Works Agreement Containing New Pension Plan

The  Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on 10 March 2015 (ref. no. 3 AZR 56/14) that even individual pension promises are subject to modification by a works agreement as long as they contain some element of collective nature. The parties disputed if the replacement of a pension plan initially stemming from the year 1976 …

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Preconditions for Ammendments of Occupational Pension Plans

Whenever  pension plans need to be amended several general principles for the protection of employees must be adhered to. These include amongst others the respect to the level of justified trust and expectation of employees in the grant they have received earlier as well as the principles of proportionality of the intervention must be adhered …

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Change of Legal Practice on Pension Indexation: Relevance of the Economic Status of the Parent Company

In Germany the ground rule for pension indexation is that every three years an employer must provide for an increase of ongoing pensions parallel  to the increase of the cost of living, unless his own economic situation calls for an omission of the pension increase. In principle, this ground rule also applies to companies that …

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No pension payments by the employer without a statutory pension entitlement

Under a judgment by the Federal Labour Court (Bundesarbeitsgericht, BAG), an employer is not required to pay out a pension before the age when a statutory pension entitlement arises (judgment dated 13 January 2015, 3 AZR 897/12). The parties disputed whether and to what extent the defendant, the employer, had to pay the applicant, the …

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If the pension funds cannot meet employees’ pension rights – employers’ obligation to assume liability

Following a recent judgment by the Federal Labour Court (Bundesarbeitsgericht, BAG), employers may be liable for reduced pension entitlements (judgment dated 2 February 2015, docket number 3 AZR 65/14). The parties disputed whether and to what extent the defendant, an employer, was liable to the applicant, the pensioner/employee, for pension reductions made by the pension …

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