The best results in company pension matters require a detailed legal analysis.

Companies have to analyse and think multi-dimensionally when it comes to company pension schemes. Company pension schemes have often been existing for decades and can bear significant legal and financial risk for the company. With the breadth and depth of my experience, I support you in analysing and restructuring your pension schemes and represent you in court, in conciliation committees as well as in negotiations with unions and works councils.

 

My expertise/advisory services offering:

  • Settlement and transfer of pension liabilities
  • Pension schemes in employment contracts and director service agreements
  • Change, replacement, restructuring and funding/buy-out of pension schemes
  • Indexation/adjustment of company pensions and entitlements
  • Pensions in separation and exit scenarios/termination agreements
  • Pensions in M&A transactions, transformations and transfer of undertakings
  • Pensions in liquidation/crisis/insolvency (Pension Protection Fund – PSVaG)
  • Works agreements/collective bargaining agreements
  • Case risk assessment & company pension litigation
  • Insolvency insurance of company pension schemes
  • New pension schemes (including defined contribution commitment)
  • Executive advisory in company pension scheme matters (board members and directors)
  • Outsourcing of pension liabilities
  • Contractual Trust Arrangements (CTA)
  • Replacement of pension schemes, portability and switch of employers (especially within a group)
  • Legal issues arising from direct employer commitments, pension trusts, direct insurance, and pension funds
  • Reinsurance policies and pledges
  • Externalisation of pension scheme liabilities (direct/indirect retiree company/SPV and funding obligations)
  • Supplementary employer pension liability

Case study:

Company pension scheme replacement and reduction of pension liabilities

Replacement of a costly defined benefit pension scheme of a chemical company (scheme freeze for vested entitlements) and design of a modern company pension scheme (Future Service) via works agreement combined with settlement payments for pensions in payment and outsourcing of Past-Service liabilities. Subsequently realization of significant cost savings.

  • Collaboration with actuary and insurance broker of the company
  • Legal analysis of feasibility and preparation of works agreements for company pension schemes as well as the contracts with pension trusts and pension funds
  • Leading negotiations with works council and unions in in the conciliation committee

Leading name in the design of company pension schemes

JUVE German Commercial Law Firms 2018/2019