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Georg Haberkorn

Author's details

Name: Georg Haberkorn
Date registered: January 16, 2017

Latest posts

  1. Transitional payment prior to retirement to be considered as an occupational pension — July 16, 2018
  2. Occupational Pensions: Submission by Federal Labour Court to the European Court of Justice regarding compensation for benefit reductions by the Pension Insurance Association — March 12, 2018
  3. Occupational Pensions: Legitimacy of so-called “age difference clauses” in pension arrangements — March 8, 2018
  4. Compensation (severance pay) of director’s pension benefits — January 16, 2018
  5. Reform of the German Occupational Pension Act (“Betriebsrentengesetz”) — November 23, 2017

Author's posts listings

Transitional payment prior to retirement to be considered as an occupational pension

Categories:

Benefits, Pension

July 16, 2018

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By judgment of 20.03.2018 (3 AZR 277/16) the Federal Labour Court has ruled that a transitional payment (taking into account pension payments) that is granted to a former employee during the first six months after their retirement is to be deemed to be an occupational pension and is, therefore, covered by the German Pension Insurance …

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Occupational Pensions: Submission by Federal Labour Court to the European Court of Justice regarding compensation for benefit reductions by the Pension Insurance Association

Categories:

Benefits, Pension

March 12, 2018

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By order of 20 February 2018 (3 AZR 142/16 (A)), the Federal Labour Court asked the European Court of Justice for a preliminary ruling on the interpretation and direct application of Article 8 of Directive 2008/94/EC. According to that provision, Member States are required to ensure that the necessary measures are made to safeguard the …

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Occupational Pensions: Legitimacy of so-called “age difference clauses” in pension arrangements

Categories:

Benefits, Discrimination, Pension

March 8, 2018

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By judgment of 20.02.2018 (3 AZR 43/17) the Federal Labour Court has ruled that a so-called “age difference clause” (Altersabstandsklausel) providing that spouses receive a survivor’s benefit only if they are no more than 15 years younger than the deceased former employee is admissible.   The plaintiff was born in 1968. She married her husband, …

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Compensation (severance pay) of director’s pension benefits

Categories:

Benefits, Managing Director, Pension

January 16, 2018

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By judgment of 23.05.2017 (II ZR 6/16) the Federal Supreme Court (Bundesgerichtshof) has ruled that the prohibition against compensating for pension benefits according to Section 3 German Occupational Pension Act (Betriebsrentengesetz) may be derogated from by mutual consent and, as a result, ongoing pension benefits of a director can be paid out (severance pay). In …

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Reform of the German Occupational Pension Act (“Betriebsrentengesetz”)

Categories:

Pension, Uncategorized

November 23, 2017

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Effective January 1, 2018, the German Occupational Pension Act will be reformed by the Act to Strengthen Occupational Pensions (“Betriebsrentenstärkungsgesetz“), adopted by the German Parliament on 1 June 2017. In 2002, the German legislator issued a difficult challenge to the area of occupational pension provision with the introduction of the so-called “Riester Reform”. Together with …

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Occupational Pensions: Free bus ticket for wife to be considered as pension

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Benefits, Pension, Uncategorized

November 3, 2017

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By judgment of 23.06.2017 (6 Sa 173/17) the Regional Labour Court of Düsseldorf has ruled that with regard to the period from which the employee receives a pension, a free bus ticket provided by the employer to the employee’s wife is to be considered to be an occupational pension and therefore cannot be revoked. The …

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Occupational Pensions: “Split pension formula” and pro-rata reduction of pension entitlements in accordance with European law

Categories:

Pension

September 7, 2017

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By judgment of 13.07.2017 (C 354/16) the European Court of Justice has ruled that a “split pension formula” and a pro-rata reduction of pension entitlements do not constitute discrimination against part-time employees or age discrimination. The employer granted to his employees a pension promise, according to which salary components above the German Social Security Contribution …

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Occupational Pensions: No right of segregation under Section 47 of the German Insolvency Act for contributions to a captive pension insurance

Categories:

Pension

September 6, 2017

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By judgment of 21.03.2017 (3 AZR 718/15) the Federal Labor Court has ruled that a right of segregation under Section 47 of the German Insolvency Act generally does not exist in the event that an employer ceased contribution payments to a captive pension insurance and later became insolvent. Such a right only exists if the …

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Occupational Pensions: Deteriorating replacement of a works agreement in the course of a transfer of business

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Pension, Transfer of business

July 20, 2017

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By judgment of 08.02.2017 (4 Sa 34/16) the Regional Labour Court Baden-Württemberg has ruled that an occupational pension scheme can be worsened by a transfer of business in accordance with § 613a of the German Civil Code (BGB) if a works agreement existing at the seller is replaced by a less favorable works agreement existing …

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Occupational Pensions: Clause of general terms and conditions according to which only a “present” wife of an employee is entitled to survivors’ benefits can constitute inadmissible disadvantage

Categories:

Pension

July 13, 2017

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By judgment of 21.02.2017 (3 AZR 297/15) the Federal Labor Court has ruled that a clause in general terms and conditions according to which only a “present” wife of an employee is entitled to a survivor’s pension constitutes an unreasonable disadvantage for the employee and therefore is invalid according to § 307 para (1) sentence …

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