Recently, the first so-called social partner model (“Sozialpartnermodell”) was presented in Germany. The model was initiated by a cooperation of two large insurance companies and was realised with the involvement of a large German trade union. Social partner models have their origins in a major reform of occupational pension law in 2018. They enable – …

Occupational Pensions: Launch of first so-called social partner model Read More »

By judgment of 26 January 2021 (docket number: 3 AZR 878/16, 3 AZR 878/17) the Federal Labour Court (Bundesarbeitsgericht – BAG) has ruled that the acquirer of an insolvent company is only liable for vested entitlements and claims to occupational pension that had been earned after the opening of insolvency proceedings. He is not liable …

Occupational Pensions: Federal Labour Court confirms its established ruling on limited liability in case of acquiring a company out of insolvency Read More »

By judgment of 8 December 2020 (docket number: 3 AZR 64/19) the Federal Labour Court (Bundesarbeitsgericht – BAG) has ruled that an increase in pension accruals (as a result of statutory changes in accounting law) does not justify a benefit-reducing adjustment of the pension commitment. Facts: The plaintiff (widow of a former employee) received a …

Occupational Pensions: Increase in pension accruals does not justify a reduction in pension benefits Read More »

By judgment of 22 September 2020 (docket number: 3 AZR 304/18) the German Federal Labor Court [Bundesarbeitsgericht – BAG] has ruled that the subsequent liability of a company involved in a spin-off according to the German Transformation Act [Abspaltung gemäß Umwandlungsgesetz]) with regard to pension liabilities also applies towards the German Statutory Insolvency Protection Fund …

Occupational Pensions: Continuing liability for pension obligations after spin-off Read More »

By judgment of 9 September 2020 (docket number: ECLI:EU:C:2020:682; Joined Cases C-674/18 and C-675/18) the European Court of Justice has ruled that the settled case law of the German Federal Labour Court on the limited liability of the acquirer for pension entitlements in the event of insolvency does not apply without restriction. It is only …

Occupational Pensions: European Court of Justice strengthens claims of pensioners in case of insolvency Read More »

According to a new law (“Siebtes Gesetz zur Änderung des Vierten Buches Sozialgesetzbuch und anderer Gesetze“, BGBl. 2020 I S. 1248 [1271]) pension benefits granted through a so-called pension insurance fund (“Pensionskasse”) will in future be protected against the insolvency of the employer. German occupational pension law stipulates that pension commitments can be granted not …

Occupational Pensions: New law introduces insolvency protection for pension benefits granted via pension insurance funds (“Pensionskasse”) Read More »

By judgment of 12 May 2020 (docket number: 3 AZR 157/19) the Federal Labour Court (Bundesarbeitsgericht – BAG) has ruled that the employer’s liability for pension benefits based on pension commitments under the involvement of an external pension carrier pursuant to Section 1 Paragraph 1 Sentence 3 of the German Company Pensions Act (BetrAVG) only …

Occupational Pensions: No liability of the employer for a reduction of benefits by an external pension carrier before the pension benefits fall due Read More »

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 »

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 »

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 »

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 »