Employment Germany

Georg Haberkorn

Occupational Pensions: Partial retirement is to be treated as part-time work

By / 30 March 2020 / Benefits, Part-Time Work, Pension

By judgment of 21 January 2020 (docket number: 3 AZR 281/18) the Federal Labour Court (Bundesarbeitsgericht – BAG) has ruled that for the calculation of pension benefits partial retirement (Altersteilzeit) is to be treated as part-time work (Teilzeitarbeit). The employer and the former employee were in dispute over the question of whether periods of partial …

Occupational Pensions: Partial retirement is to be treated as part-time work Read More »

Occupational Pensions: Employer’s obligation to carry out pension adjustments according to occupational pension law does not apply to non-occupational pension benefits

By / 24 March 2020 / Benefits, Pension

By judgment of 19 November 2019 (docket number: 3 AZR 281/18) the Federal Labour Court (Bundesarbeitsgericht – BAG) has ruled that, in the event that an employer has granted a total pension (Gesamtversorgung) which consists of both occupational pensions and other types of pension benefits, the employer’s obligation to carry out pension adjustments according to …

Occupational Pensions: Employer’s obligation to carry out pension adjustments according to occupational pension law does not apply to non-occupational pension benefits Read More »

Occupational Pensions: European Court of Justice confirms protection of employees in the event of employer insolvency

By / 16 March 2020 / Benefits, Pension

By judgment of 19 December 2019 (docket number: C-168/18) the European Court of Justice has ruled that employee’s pension entitlements which are based on so-called captive pension insurance schemes (Pensionskassenzusagen) are (to a certain extent) protected from benefit reductions in the event of employer insolvency. The plaintiff participated in a captive pension insurance scheme (Pensionskasse). …

Occupational Pensions: European Court of Justice confirms protection of employees in the event of employer insolvency Read More »

Occupational Pensions: Information provided by the employer to the employees must be correct, clear and complete

By / 11 March 2020 / Benefits, Pension

By judgment of 18 February 2020 (docket number: 3 AZR 206/18) the Federal Labour Court has ruled that if an employer provides information on occupational pensions such information must be correct, clear and complete. However, there is no general obligation to provide information on the social security treatment of pension benefits. The plaintiff participated in …

Occupational Pensions: Information provided by the employer to the employees must be correct, clear and complete Read More »

Occupational pensions: Deviation from employer’s (contractual) obligation to adjust pension benefits requires detailed statement of reasons

By / 20 November 2019 / Benefits, Pension

By judgment of 21.06.2019 (docket number: 7 Sa 92/18) the State Labour Court Hamburg has ruled that a deviation from the employer’s obligation to adjust pension benefits in accordance with an increase in state pension benefits – as provided for in the employer’s pension plan in the event that the employer considers an adjustment “not …

Occupational pensions: Deviation from employer’s (contractual) obligation to adjust pension benefits requires detailed statement of reasons Read More »

Entitlements on company pension are subject to particular protection in the event of a transfer of business according to Section 613 a German Civil Code

By / 14 November 2019 / Benefits, Pension, Transfer of business

By judgment of 22 October 2019 (docket number: 3 AZR 429/18) the Federal Labour Court has extended its settled case law regarding the replacement of pension plans in the event of mergers and acquisitions. A replacement of a pension plan by a pension plan existing at the acquirer a must be in accordance with the …

Entitlements on company pension are subject to particular protection in the event of a transfer of business according to Section 613 a German Civil Code Read More »

Occupational Pensions: Federal Labour Court confirmed its ruling with respect to so-called “age difference clauses” in pension arrangements

By / 11 June 2019 / Benefits, Discrimination, Pension

By judgment of 11 December 2018 (docket number: 3 400/17) the Federal Labour Court has ruled that a so-called “age difference clause” (Altersabstandsklausel) providing that a survivor’s benefit is reduced if the age difference between the spouses is more than 10 years is admissible and is not to be considered as unjustified discrimination on grounds …

Occupational Pensions: Federal Labour Court confirmed its ruling with respect to so-called “age difference clauses” in pension arrangements Read More »

Occupational pensions: No claim for employee to terminate an employee-funded direct life insurance policy

By / 11 June 2019 / Pension

By judgment of 26 April 2018 (docket number: 3 AZR 586/16) the Federal Labour Court has ruled that an employee has no claim against his employer to terminate an employee-funded direct life insurance policy (deferred compensation /salary conversion) in order to receive the surrender value. The employee (plaintiff) concluded a deferred compensation agreement with the employer …

Occupational pensions: No claim for employee to terminate an employee-funded direct life insurance policy Read More »

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

By / 11 June 2019 / Benefits, Pension

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 …

Transitional payment prior to retirement to be considered as an occupational pension Read More »

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

By / 11 June 2019 / Benefits, Pension

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 …

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

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

By / 11 June 2019 / Benefits, Discrimination, Pension

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, …

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

Compensation (severance pay) of director’s pension benefits

By / 11 June 2019 / Benefits, Managing Director, Pension

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 …

Compensation (severance pay) of director’s pension benefits Read More »

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

By / 11 June 2019 / Pension, Uncategorized

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 …

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

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

By / 11 June 2019 / Benefits, Pension, Uncategorized

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 …

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

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

By / 11 June 2019 / Pension

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 …

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

Linkedin Twitter Facebook Instagram Youtube Weixin Xing

© 2019 DLA Piper. DLA Piper is a global law firm operating through various separate and distinct legal entities. For further information about these entities and DLA Piper's structure, please refer to the Legal Notices page. All rights reserved. Attorney advertising.