Pensions are enjoying huge interest but are also becoming increasingly complex. In legal terms, pension problems have become so complex that only truly specialised attorneys can successfully work in this field of law. Although most people have no idea what is actually going on ‘under the bonnet’, it is vital to them that ‘the car keeps running’. For many of us, after all, a pension is an important provision for our old age. Second only to salary, pensions are the most expensive element of remuneration for employers. Our attorneys have the necessary specialist knowledge to deal with your questions and remove your concerns about pension issues. To give just a few examples:
Pensions represent a lifetime bond between employer and employee. It starts when the contract of employment is established (‘is an employer required to offer a pension agreement?’), continues with any changes to the pension scheme (‘It is compulsory to consult the works council?’) and in effect is never ending (‘What obligations are imposed on an employer in respect of his former employees?’).
The attorneys within the Employment Law practice group advise and litigate on behalf of both employers and employees in establishing the level of pension, indexation and value transfer and dealing with pension premiums that have remained unpaid and (undertakings to) amend the pension scheme for example in response to new legislation.
As an employer, you may be forced to work with a compulsory pension fund. If work is undertaken within your business in a sector which is subject to a compulsory pension fund, you are required to sign up to this pension fund, with all the resultant (financial) consequences. Developments over the years on the financial market mean that pension funds are under huge pressure to keep the number of affiliated companies as high as possible. We can investigate on your behalf whether your business is indeed covered by a compulsory pension scheme of this kind and how you can avoid compulsory affiliation, for example by applying for an exemption.
Our attorneys not only counsel employers and employees but also implementing bodies, consultants and brokers on issues relating to the Financial Supervision Act (Wft) and duty of care.