Georg Haberkorn

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

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

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

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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